Proving Intentional Infliction of Emotional Distress in California
Is proving intentional infliction of emotional distress difficult? There are always factors to consider and better understand.
Read further on.
Introduction
Most people in the world are nice. Just like there is always a bad apple in the bag of apples you buy, there are some not-so-nice people in the world, too. And some of them want to intentionally inflict emotional distress on their victims.
If you find yourself in a situation where you are the target of someone else’s anger, controlling nature, or outrageous conduct, you may be able to get some help from the courts in California. The hard part, unfortunately, is proving the emotional distress – and that it was intentionally caused.
Intentional vs. Negligent Infliction
There are two types of infliction laws in California – intentional and negligent. So, what’s the difference?
Well, it’s simple, really. Intentional infliction is just that – intentional. The person knew that whatever actions he chose to take would have a harmful effect on the victim – and did them anyway.
Negligent infliction is when an accident happens and it was never intended for someone else to get hurt, but they did. This can happen in accidents such as dog bite accidents, car or motorcycle accidents, workplace accidents, pedestrian accidents, defective product injuries, and the like.
You can file for damages in both cases, but you have to be able to prove that either that act was intentional – or it was just due to negligence. An attorney can help you determine the best course of action for your case.
What Qualifies as Infliction of Emotional Distress
According to California law, when someone is suffering from emotional distress, they may experience the following:
- Worry
- Shock
- Grief
- Suffering
- Anguish
- Fright
- Horror
- Nervousness
- Shame
- Humiliation
You may be thinking about how we all have experienced some of these feelings at one point or another. And, it’s true. They are very normal feelings for certain life situations. However, for them to qualify under California’s intentional infliction law, it can’t be mild or even last a short period. The emotional distress must be classified as severe.
So, how do you classify severe emotional distress? It lasts for an extended time – and in a way that no one should have to take it. It is often deep and hard to let go of.
A few examples that could be considered cases of the intentional infliction of emotional distress are:
- Injury by a drunk driver or reckless driver.
- Injury due to reckless or dangerous behavior.
- Assault or battery.
- Sexual harassment, abuse, or assault.
- Excessive use of force.
These types of situations can happen between all sorts of people in many different interactions. For example, cases have been filed between:
- Employer and employee
- Hospital/doctor and patient
- Attorney and client
- Landlord and tenant
- Collectors and debtors
- Insurers and the insured
And even various religious institutions.
Intentional, Outrageous Behavior, or Reckless Disregard
Two phrases that play a role in this type of claim are outrageous behavior and reckless disregard. How can you prove that the behavior was either one of these or how can you tell the difference between them?
Outrageous behavior can be considered as such when it is extreme enough to exceed the bounds that are usually tolerated in a normal, everyday setting. It is not annoying and it is not getting someone agitated or trying to irritate them. This goes way beyond that.
Reckless behavior, on the other hand, is one that is done without care if there is a risk or likelihood that someone else may get hurt. Someone engaging in reckless behavior knows that what they are doing is likely to cause the other person emotional distress. They aren’t concerned about that – or the consequences of their behavior.
It should be noted that this individual engaging in these outrageous, reckless behaviors must be aware that there is another person around that they are putting at risk.
Proving Intentional Infliction of Emotional Distress
While it doesn’t seem fair, there is a level of due process with every legal matter. Those who have suffered severe emotional distress because of another’s intentional behavior are still required to prove that it happened.
It is possible to file a lawsuit against the other party for the intentional infliction of emotional distress. And, it can be done without having to have any physical injuries. However, you will have to be able to prove:
- That the behavior and conduct of the defendant were considered outrageous and he/she acted with reckless disregard.
- That it was known the victim was present when the action took place.
- The defendant intentionally caused harm or acted with reckless disregard with the intention of causing emotional distress.
- The victim suffered severe emotional distress because of the actions of the defendant.
And, of course, that the defendant’s conduct is what played a big factor in the inflicted emotional distress.
How to File a Claim for Infliction of Emotional Distress
In California, filing a claim for infliction of emotional distress should be done with the help of an attorney. Because there are no physical injuries involved, proving the case can get a little tricky. With an experienced lawyer on your side, though, you can have access to a great amount of knowledge and skill in being able to successfully bring your case to court – and win.
You can recover monetary damages for the emotional distress you have experienced.
The statute of limitations for filing an emotional distress claim in California is two years from the date the traumatic event happened. If you don’t file within this time frame, you may not be able to. If you have a claim to file, but the time has lapsed, talk to your attorney to see if there are any alternative solutions.
Hiring an Attorney
Emotional distress can really lower one’s quality of life – and can change everything. If you have been the victim of someone else’s intentional, harmful behavior, then it is time to fight for your rights.
Have an attorney review your case and move forward with the best course of action to get the compensation you deserve. Don’t spend another day feeling like a victim.
Are you in search for a certified attorney to represent you?
Let us help you find one today!