Emotional pain can be as devastating as physical wounds, yet can you sue when a person inflicts terrible emotional pain upon you? The short answer is yes, through the legal action of Intentional Infliction of Emotional Distress (IIED). IIED is a legal theory that enables victims to recover damages for extreme emotional distress inflicted through another’s outrageous behavior.
In this article, you will discover what IIED is, the facts required to prove it, typical examples, defenses that can be used, and the types of damages you can recover.
What Is Intentional Infliction of Emotional Distress (IIED)?
Intentional Infliction of Emotional Distress (IIED) is a legal claim that allows a person to recover damages for severe emotional suffering caused by someone else’s extreme and outrageous conduct. It is recognized in most U.S. states and is meant to protect individuals from severe psychological harm caused by the intentional actions of others.
Key Elements of IIED
To successfully prove an IIED claim, the plaintiff must establish the following elements:
1. Extreme and Outrageous Conduct
The defendant’s behavior must be more than merely offensive or rude. It must be so extreme that it goes beyond all reasonable bounds of decency.
2. Intent or Recklessness
The defendant must have intended to cause emotional distress, or at the very least, acted with reckless disregard for the fact that their conduct could cause severe emotional harm.
3. Severe Emotional Distress
The plaintiff must experience significant emotional suffering, which may manifest as anxiety, depression, insomnia, or other serious symptoms. Mild annoyance or temporary discomfort is not enough.
4. Causation
The plaintiff must prove that the defendant’s actions directly caused the severe emotional distress.
Common Examples of IIED
While IIED can apply in a wide range of situations, here are a few examples of behavior that may qualify:
- Verbal Abuse: A manager subjects an employee to repeated, vicious insults and humiliations, causing the employee to suffer from severe anxiety.
- Threats of Violence: A person falsely tells a parent that their child has been killed, causing extreme emotional trauma.
- Public Humiliation: An ex-partner posts humiliating and false information about a person online, causing severe depression.
- Hate Speech or Harassment: Repeated racist, sexist, or otherwise discriminatory behavior targeted at an individual.
How to Prove Severe Emotional Distress
Severe emotional distress must be more than fleeting sadness or frustration. To establish this element, the plaintiff may present:
- Medical Records: Showing diagnoses of anxiety, depression, post-traumatic stress disorder (PTSD), or other mental health conditions.
- Therapist Testimony: Statements from mental health professionals verifying the emotional harm.
- Personal Testimony: Descriptions of how the defendant’s actions impacted daily life, relationships, or work performance.
- Testimony from Friends or Family: Statements confirming changes in the plaintiff’s behavior, mood, or personality following the incident.
How IIED Differs from Negligent Infliction of Emotional Distress (NIED)
It is important to understand the difference between IIED and Negligent Infliction of Emotional Distress (NIED):
- IIED: Requires the defendant to have intentionally or recklessly caused emotional harm through extreme conduct.
- NIED: Involves emotional distress caused by the defendant’s careless actions rather than intentional behavior.
Defenses Against IIED Claims
Defendants in IIED cases may use several defenses, including:
1. Lack of Extreme and Outrageous Conduct
The defendant may argue that their behavior, while rude or upsetting, did not rise to the level of being extreme and outrageous.
2. Consent
If the plaintiff willingly participated in the situation or event that caused emotional distress, the defendant may argue that they cannot be held liable.
3. Truth (in Defamation Cases)
If the IIED claim is related to defamatory statements, the defendant may argue that the statements were true, which is a complete defense against defamation claims.
4. First Amendment Protection
In some cases, particularly those involving speech, the defendant may argue that their conduct is protected under the First Amendment of the U.S. Constitution. This is common in cases involving public figures or matters of public concern.
Damages Recoverable in IIED Claims
Successful IIED claims can result in various types of damages, including:
1. Compensatory Damages
These are meant to reimburse the victim for actual losses, such as:
- Medical expenses for therapy or psychiatric care.
- Lost wages if the emotional distress impacted the victim’s ability to work.
2. Non-Economic Damages
These cover the emotional harm itself, including:
- Pain and suffering.
- Loss of enjoyment of life.
- Emotional anguish.
3. Punitive Damages
If the defendant’s conduct was especially malicious or reckless, the court may award punitive damages to punish them and deter similar behavior.
Statute of Limitations for IIED Claims
The statute of limitations for filing an IIED claim varies by state, typically ranging from one to three years. It is essential to consult with an attorney promptly to avoid missing the deadline.
Real-World Examples of IIED Lawsuits
Here are some real-world examples of Intentional Infliction of Emotional Distress:
Example 1: Harassment in the Workplace
An employee is subjected to repeated verbal abuse and threats by a supervisor, causing the employee to develop severe anxiety and depression. The employee sues for IIED and is awarded compensation for medical expenses and emotional suffering.
Example 2: Cruel Practical Joke
A group of coworkers tells an employee that their spouse has died as part of a prank. The employee suffers severe emotional trauma and successfully sues for IIED.
Example 3: Online Defamation and Harassment
A person’s ex-partner publishes false, humiliating information about them on social media, leading to severe emotional distress. The victim sues for IIED and is awarded damages.
How an Attorney Can Help with IIED Claims
If you believe you have experienced Intentional Infliction of Emotional Distress, an experienced personal injury attorney can help you:
- Evaluate the strength of your claim.
- Gather evidence of emotional distress, including medical records and witness testimony.
- Negotiate with the defendant for a fair settlement.
- Represent you in court if necessary.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
