Intentional infliction of emotional or mental distress is a mental reaction, such as anguish, grief or fright, to another person’s actions that entails recoverable damages. To prove a claim for intentional emotional distress, a plaintiff must show three elements: 1) that the defendant acted intentionally or recklessly; 2) that the defendant’s conduct was extreme or outrageous; 3) and that the extreme or outrageous conduct caused severe emotional distress. The second element is the most difficult criteria to prove. It is defined as something so outrageous in character and so extreme in degree and goes beyond all possible bounds of decency and is regarded as atrocious and completely intolerable in a civilized community. An example of intentional infliction of emotional distress would include seeing a child die in an automobile accident from a distance or receiving a letter from someone falsely claiming that a close family member had died.
The defendant’s conduct must be more than malicious and intentional. Liability does not extend to mere results, indignities, threats, annoyances, or petty oppressions. It is for the court to determine whether the defendant’s conduct may reasonable be regarded as so extreme and outrageous as to permit recovery. Some jurisdictions hold that to support an award of damages, emotional distress must be accompanied by physical injury. In other jurisdictions, recovery from emotional injury is limited to those who sustain a physical injury.
It is important to know what to do to protect the legal rights of yourself and your loved ones. Selecting the right accident attorney in New Port Richey is an important decision. You should choose someone who is experienced, aggressive and dedicated to working to get fair compensation for your injuries. Call (727) 842-9758 today and speak with an experienced accident attorney in New Port Richey at Williams, Ristoff, Proper & Bloom.
Williams, Ristoff, Proper & Bloom
4532 U.S. Highway 19
New Port Richey, FL 34652