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Proving an Intentional Infliction of Emotional Distress Suit

Posted on in Personal Injury

California injury lawyer, California accident attorneyUnder state law, injury to a person that stretches beyond physical injury can be the basis of a personal injury lawsuit. If you are a victim of mental distress that was suffered after someone intended to hurt you emotionally, California law may provide that you have a cause of action for damages.

Emotional distress can have a huge consequence on your life, and the person who inflicted this harm on you should be held responsible.

Elements of Intentional Infliction of Emotional Distress

In order to have a valid claim, you must prove the following:

  • That the conduct of the person intentionally inflicting the emotional distress (referred to as the tortfeasor) was outrageous;
  • The tortfeasor intended to cause you emotional distress;
    OR
    That the tortfeasor acted with reckless disregard of the likelihood that you would suffer emotional distress and knew that you were present at the time the conduct occurred;
  • That you suffered severe emotional distress; and
  • That the tortfeasor’s conduct was a substantial factor in causing your severe emotional distress.

Outrageous Conduct

The law further defines the term outrageous conduct. Conduct is outrageous when it is so extreme that it falls outside of what is usually tolerated in a civilized community.

Severe Emotional Distress

This term is also defined in caselaw. Emotional distress is severe when it has such a substantial or enduring quality that no reasonable person in a civilized community could be expected to endure it.

Examples of Intentional Infliction of Emotional Distress Cases

This type of injury can arise in many types cases including:

  • Car accidents caused by drugs or alcohol;
  • Battery, assault, abuse and violent sex crimes;
  • Product liability claims when the tortfeasor knew the product was dangerous; and
  • Wrongful termination of an employee.

Contact a San Jose, CA Personal Injury Attorney

If you believe that the facts of your case satisfy the requirements listed above, you should contact a personal injury attorney. Even if you are unsure, speaking to an attorney as soon as possible will mean that any cause of action you may have will not expire.

The dedicated San Jose personal injury lawyers at Jachimowicz Law Group will aggressively advocate on your behalf so that a judge and jury can fully understand your emotional distress that was suffered because of the intentional tortious acts of another.

If needed, we have a network of skilled experts who can evaluate you and explain to a jury how the intentional infliction of emotional distress affects your life. Call our attorneys today at 408-246-5500.

 

Sources:

https://www.law.cornell.edu/wex/intentional_infliction_of_emotional_distress

http://www.courts.ca.gov/partners/documents/CACI_2017_Edition.pdf

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