If you are a victim of the negligent or intentional actions of another person that causes you emotional distress, you may be able to recover for your damages. The extent of your recovery for emotional distress is generally limited by the amount of damage you suffer, and the severity of distress inflicted.
There are two types of emotional distress lawsuits: negligent infliction of emotional distress, and intentional infliction of emotional distress.
Negligent Infliction of Emotional Distress
• Negligently acting or not acting in a way that causes someone to endure emotional pain
• There must be a connection between the wrongdoer's conduct and the emotional distress
• To be successful in a lawsuit, the distress must result from a physical injury or be so egregious that it results in physical symptoms
Intentional Infliction of Emotional Distress
• The wrongdoers conduct must be intentional or reckless
• The conduct must be outrageous and intolerable
• There must be a connection between the wrongdoer's conduct and the emotional distress
• The emotional distress must be severe
To be successful in a lawsuit, the distress must be very extreme or outrageous
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