The Tort of Intentional or Negligent Infliction of Emotional Distress has been arising more and more in law suits. The classic example, a mother seeing her child run over by on purpose or by a drunk driver has been expanded to include many other scernarios.
If you, or a loved one, has been emotionally damaged by outrageous conduct, contact the The Vogel Law Firm immediately. You can also email us at rlvogel@robertvogellaw.com or call 865-357-1949.
Here is an overview of Intentional Infliction of Emotional Distress - negligent infliction requires much the same proof:
To maintain a cause of action for intentional infliction of emotional distress, there must be proof that
the conduct complained of was outrageous, not tolerated in civilized society,
and resulted in serious mental injury.
The following nonexclusive factors inform the analysis and are pertinent to
support a plaintiff's claim that he or she has suffered a serious mental injury:
(1) Evidence of physiological manifestations of emotional distress, including but not limited
to nausea, vomiting, headaches, severe weight loss or gain, and the like; (2)
Evidence of psychological manifestations of emotional distress, including but not limited
to sleeplessness, depression, anxiety, crying spells or emotional outbursts, nightmares, drug and/or
alcohol abuse, and unpleasant mental reactions such as fright, horror, grief,
shame, humiliation, embarrassment, anger, chagrin, disappointment, and worry;
(3) Evidence that the plaintiff sought medical treatment, was diagnosed with a
medical or psychiatric disorder such as post-traumatic stress disorder, clinical
depression, traumatically induced neurosis or psychosis, or phobia, and/or was
prescribed medication; (4) Evidence regarding the duration and intensity of the
claimant's physiological symptoms, psychological symptoms, and medical
treatment; (5) Other evidence that the defendant's conduct caused the plaintiff
to suffer significant impairment in his or her daily functioning; and (6) In
certain instances, the extreme and outrageous character of the defendant's
conduct is itself important evidence of serious mental injury.
Mental suffering is no more difficult to
prove and no harder to calculate in terms of money than the physical pain of a
broken leg which has never been denied compensation and courts have been quite
willing to allow large sums of money as damages for mental anguish itself where
it accompanies a slight physical injury. Since medical science has long since
recognized that not only fright and shock, but also grief, anxiety, rage and
shame are in themselves physical injuries in the sense that they produce well
marked changes in the body, and symptoms that are readily visible to the
professional eye; the layman now understands to some extent that such
consequences are normal, rather than the unusual result of many types of
conduct. The law has developed to the extent that the personal interest in peace
of mind is protected from outrageous interference which results in substantial
emotional damage.
Proof a plaintiff may provide to demonstrate serious mental injury may include a
claimant's own testimony, as well as the testimony of other lay witnesses
acquainted with the claimant. Physical manifestations of emotional distress may also serve as proof of
serious mental injury. Moreover, evidence that a plaintiff has suffered from
nightmares, insomnia, and depression or has sought psychiatric treatment may
support a claim of a serious mental injury. The intensity and duration of the
mental distress are also
factors that may be considered in determining the severity of the injury. There
will be many cases in which a judge or jury may not appreciate the full extent
and disabling effects of a plaintiff's emotional injury without expert evidence.
Therefore, although not legally required, expert testimony may be the most
effective method of demonstrating the existence of severe emotional distress.
Severe emotional injury
occurs when a reasonable person, normally constituted, would be unable to
adequately cope with the mental stress engendered by the circumstances of the
case. Emotional distress
passes under various names, such as mental suffering, mental anguish, mental or
nervous shock, or the like. It includes all highly unpleasant mental reactions,
such as fright, horror, grief, shame, humiliation, embarrassment, anger,
chagrin, disappointment, worry, and nausea. It is only where it is extreme that
the liability arises. Complete emotional tranquillity is seldom attainable
in this world, and some degree of transient and trivial emotional distress is a part of the price of
living among people. The law intervenes only where the distress inflicted is so severe that no
reasonable man could be expected to endure it. The intensity and the duration of
the distress are
factors to be considered in determining its severity. Severe distress must be proved; but in many cases
the extreme and outrageous character of the defendant's conduct is in itself
important evidence that the distress has
existed.
If you, or a loved one, has been emotionally damaged by outrageous conduct, contact the The Vogel Law Firm immediately. You can also email us at rlvogel@robertvogellaw.com or call 865-357-1949.
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