Proving Intentional Infliction of Emotional Distress

Emotional distress and emotional damages have two opposite sides.

On the one hand, we know emotional distress is real, and painful; accident or not, we’ve all had traumas in life that cause us emotional distress.

But by the same token, emotional distress can be easily manipulated or faked, and that’s something that the law recognizes. Because of that, getting damages for emotional distress only, in the absence of any accompanying physical injury, is more difficult than you may think, although it is possible.

Negligent or Intentional?

The first question is whether or not the event that caused you the emotional distress, was the result of negligence (an accident) or whether it was a result of intentional, purposeful behavior. Both are treated differently, when it comes to getting damages for emotional distress.

Intentional acts are what you may think they are; actions that are done purposefully; the Defendant doesn’t have to intend to hurt you but the Defendant does have to have acted purposefully. Any type of aggressive act, or any act that would amount to criminal assault or battery, could be seen as intentional. Even insults, if they are bad enough, can allow a victim to obtain damages for intentional infliction of emotional distress.

Severity of the Act

The person’s conduct must be severe and persistent. A small insult may not be significant enough, but imagine a doctor making fun of someone’s disabled child, or someone ridiculing someone’s looks in front of others; those may be sufficient to warrant compensation.

Courts will want to see that the Defendants behavior is enough to shock the conscience, or something that society would consider to be outrageous. Imagine someone who wants to get back at an ex, and to do so, releases explicit pictures of him or her. Or someone who defaces the gravesite or hedge stone of a loved one, either as a cruel joke, or in a purposeful attempt to hurt the family.

No Physical Injury Needed

The good news is that, with intentional infliction of emotional distress, the victim doesn’t need to show that he or she suffered any type of physical injury (a requirement in negligent infliction of emotional distress cases). Simply having mental distress, with no physical impact or injury, is enough.

Evidence of Damages

But that does make an intentional case more difficult to prove; juries can be suspicious of people who say they have suffered emotional injuries with no physical injury or impact.

Evidence such as withdrawing from social situations, getting mental health counseling, having to miss work, or the testimony of loved ones or others about how your affect or activities have changed can show a jury the extent of your distress.

Often, you may have collected text messages or emails to others that document what you’re going through which can also be used in trial.

Call our Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today at 617-275-4200 for help in your injury case.