On behalf of Mohajer Law Firm, APC posted in civil litigation on Thursday, April 4, 2019.
While many people don’t believe it’s possible, you can actually sue for another person hurting your emotional state. Through civil litigation, it’s possible to seek compensation for the intentional infliction of emotional distress (IIED.)
It isn’t always simple to prove IIED, so you’ll need to work with someone familiar with suing for emotional distress. Some of the things that you and your attorney will need to prove include that:
- The defendant was acting recklessly or intentionally to cause the distress
- The conduct was outrageous or extreme
- The act was the reason for your emotional distress
- You suffer from severe emotional distress as a result of the actions of the defendant
There are a few different examples of how IIED can happen. This one is in a medical setting. Imagine a doctor is talking to you and about to perform an in-office treatment. If you mention that you’re in pain during the procedure, and the provider tells you to “stop being a baby” or curses at you, you may have a case against them for distress and malpractice.
In a work environment, you might be able to file a lawsuit for IIED if your employer takes a photo of you, manipulates it and shares it to the point where you’re constantly harassed by co-workers.
Overall, the court needs to see that the actions leading up to your emotional distress were not your everyday events. They need to be extreme, unusual, threatening and potentially harmful to you. Your attorney can help you build your case to show why you feel you should be awarded compensation.