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How easy it to sue for intentional infliction of ...

 

Customer Question

How easy it to sue for intentional infliction of emotional distress or negligent IIE

 

Optional Information:
Virginia

Submitted: 1735 days and 18 hours ago.
Category: Legal
Value: $15
Status: CLOSED
Expert:  Legal Enigma replied 1735 days and 18 hours ago.

What state are you in?

Customer replied 1735 days and 18 hours ago.

Virginia

Accepted Answer

Expert:  Legal Enigma replied 1735 days and 18 hours ago.

Intentional Infliction of Emotional Distress is not a particularly easy action to prove, but if the defendant's conduct is bad enough, it's definitely possible.

You will need to prove that the defendant purposefully engages in behavior that is intended to and does cause severe mental distress in the plaintiff. the defendant's behavior must be extreme and outrageous. If a person of average temperament would suffer emotional distress because of defendant's actions, then those actions can be considered "outrageous." Second, it must be done intentionally to cause emotional distress or with reckless disregard to such a consideration. Third, it is also helpful if the plaintiff can show other non-emotional damages such as loss of employment or physical damage.

Negligent Infliction of Emotional Distress is usually limited to the case where plaintiff witnessed defendant's actions and plaintiff suffered severe emotional distress. It is often limited to the plaintiff witnessing a related person getting hurt.

Please let me know if I can be of further help.

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The answer provided is for informational purposes only and is not legal advice. No attorney-client relationship has been formed. You should seek an attorney in your area to obtain legal advice.

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 198
Answered: 8/10/2008

Experience: California trial attorney; civil litigation, business law, international law, family law

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