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Negligent infliction of emotional distress vs intentional

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Negligent infliction of emotional distress vs intentional infliction of emotional distress... I know that Kansas requires a physical injury, but I'm not sure what that means. I've got a lawsuit against the properties of my family trust for committing a number of torts against my wife and I. Now I know that I've got intentional infliction of emotional distress but negligent I'm not so sure about. Part of the suit is a breach of fiduciary duty claim for evicting my wife and I from our home. Right after I filed a lawsuit against the trustees they evicted us and they knew at the time that I had a hernia and that my wife had a really bad case of scoliosis and really shouldn't been moving around. It's been a couple months and both of us are Still feeling the effects from that move. Do either one of us have a claim for negligent? Would that meet the definition of a physical injury?

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Thank you for your patience;

you are correct in that intentional infliction of emotional distress (IIED) does not require physical damage; basically it requires extreme and outrageous conduct (as determined by a reasonable person-that is the legal standard) by a defendant that intentionally, or with reckless disregard, caused the plaintiff to suffer emotional damage. It does help to have some type of non emotional damage, such as loss of employment, loss of a loved one, etc.

For negligent infliction of emotional distres (NIED), since the defendant did not act with intent, the court raises the standard, and requires some type of physical damage that can then lead to the NIED cause of action.

Here is a case that does a good job explaining the court's standards:
". To succeed on a claim for negligent infliction of emotional distress, a plaintiff must first establish that he or she has a qualifying physical injury under Kansas law. Second, the qualifying physical injury must (1) directly result from the emotional distress allegedly caused by the defendant's negligence and (2) appear within a short span of time after the emotional disturbance. Generalized physical symptoms of emotional distress such as headaches, nightmares, insomnia, vomiting, anxiety, and nervousness are insufficient to state a cause of action."

That case is located here

If you review that case, you will see that the court takes a very limited definition of physical injury- for example, even excluding Post Traumatic Stress Disorder, a known and recognized concern. But then they accept vomiting as a physical injury provided it occured shortly after the incident that gave rise to it.

As you can see, the law is constantly changing, and with more public awareness hopefully this will change, but for now, the physical injury must be very physical (versus psychological) and must be a direct result of the defendant's actions.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.

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