As you navigate life in California — one filled with as much excitement and opportunities as challenges — it is crucial that you understand the protections provided by laws against acts causing severe mental stress. One such legal armor that safeguards your mental health is the Intentional Infliction of Emotional Distress law (see: jury instructions – CACI IIED).
Examples of Intentional Infliction of Emotional Distress
The possible causes of an intentional infliction of emotional distress claim are incredibly varied. Some real-world instances where IIED often comes into play include:
Sexual assault or abuse. Victims traumatized by such incidents commonly undergo intense emotional distress as a result and may opt to file an IIED claim.
DUI causing death or injury. Scenarios where drunk driving results in fatalities or injuries can also lead to IIED claims, taking into consideration both the intense emotional trauma caused for victims or their loved ones and the deliberate recklessness involved in drunk driving.
Assault and battery causing great bodily injury. This encompasses situations where an individual purposefully causes severe physical harm to another, leading to profound mental and emotional trauma.
Knowingly manufacturing or distributing an extremely dangerous product. If a manufacturer or distributor knowingly puts into circulation dangerous goods that end up inflicting extreme emotional damage on consumers, they might be held accountable for IIED.
Retaliation against a whistleblower. A whistleblower who suffers retaliation like wrongful termination, malicious false charges, or other harsh treatment can claim IIED given the intense emotional strain involved.
Excessive use of force. Instances where law enforcement officials use excessive and unwarranted force leading to psychological trauma could also fall under an emotional distress lawsuit.
While these are just a few examples of scenarios where an IIED claim could be viable, it’s important to remember that the law recognizes emotional distress as real, and tremendously damaging. If you believe you’ve been subject to such distress due to someone else’s deliberate action or negligence, know that preserving your peace of mind is your right and that legal avenues exist for justice.
FAQs
Can you sue for emotional distress in California?
Yes. In California, you can indeed sue for emotional distress. You could have a case either as Intentionally Inflicted Emotional Distress (IIED), when someone deliberately causes severe emotional trauma to you, or Negligent Infliction of Emotional Distress (NIED), where the distress is caused by someone acting negligently.
Most importantly, to succeed with such claims, it’s critical to have credible evidence that such emotional suffering has affected your life negatively.
What is intentional infliction of emotional distress?
Intentional infliction of emotional distress is a civil tort recognized under California law. This cause of action arises when one person’s extreme or outrageous conduct intentionally or recklessly results in severe emotional distress to another individual.
The definition of emotional distress can include grief, fear, nervousness, shame, and humiliation, among others.
Most important to note is that this inflicted distress isn’t fleeting; it must be substantial enough and persist long enough to take a significant toll on the victim’s well-being. Its severity should be such that any average person would find it intolerably burdensome to endure.
What is negligent infliction of emotional distress?
Negligent Infliction of Emotional Distress, also known as NIED, is a legal claim offered under California law. Unlike intentional infliction of emotional distress, which involves deliberate and outrageous behavior causing emotional harm, NIED is for situations where someone negligently causes another person’s psychological harm.
The California law regarding NIED extends not only to those who were directly subjected to negligent action but also covers third-party bystanders. These are individuals who might not have been physically harmed, yet went through emotional distress as a result of witnessing an incident.
What are the requirements to prove intentional infliction of emotional distress in California?
The standards for proving intentional infliction of emotional distress under California include the following:
- The Defendant’s Conduct Was Outrageous
- The Conduct Was Either Reckless or Intended to Cause Emotional Distress
- You Suffered Severe Emotional Distress as a Result
Definition of Outrageous Conduct
In the context of intentional infliction of emotional distress, ‘outrageous conduct’ refers to actions or behavior that go beyond all possible bounds of decency and are regarded as atrocious and utterly intolerable in a civilized society.
It is not just an act that provokes annoyance or induces displeasure — but has to be so disconcerting as to naturally evoke outrage from others.
Definition of Reckless Disregard
Reckless disregard refers to a particular state of mind where an individual is aware of the potential risks or harm their action may cause but still proceeds, displaying indifference to these consequences.
In a legal context, it signifies being consciously indifferent to the effects that one’s actions might inflict upon others — and disregarding an obvious risk related to safety standards or laws — suggesting reckless behavior rather than mere negligence.
Proving intentional infliction of emotional distress can be challenging, but if successful, it allows you to reclaim your peace of mind and recover from the harm inflicted upon you. Always remember consulting with an experienced attorney is beneficial when navigating these difficult waters.
What is an intentional infliction of emotional distress case worth in California?
How much an intentional infliction of emotional distress case is worth in California is not a one-size-fits-all answer, as each case is different and must be determined on a case-by-case basis.
The worth of a personal injury case in California entirely depends on the specifics involved. Factors such as the nature of wrongdoing, severity and extent of physical or emotional harm suffered, total medical costs including future care needs, and loss in earnings from disability or lost work time all contribute to determining how much compensation you might potentially receive.
Specifically for intentional infliction of emotional distress cases, you may be entitled to recover costs for therapy/counseling sessions required due to induced trauma, compensation for lost wages if your ability to work was compromised, as well monetary awards reflecting a decreased overall life quality.
Contact Gomez Trial Attorneys for Help With Your Intentional Infliction of Emotional Distress Claim
Understanding legal terms like intentional infliction of emotional distress can be complex, but gaining knowledge about these issues empowers you to protect your rights. If you believe that someone’s outrageous conduct intentionally caused severe emotional distress to you, rest assured — you have legal recourse. Contact us today for a free consultation by calling 619-237-3490 or by contacting us online.