When one person purposefully engages
in behavior that is intended to
and does cause severe mental anguish in
another, he or she is subject to the laws
regarding the intentional infliction of
emotional distress. There are several factors
which determine the extent to which a perpetrator
may be liable in such a claim. First, the
wrongdoer's behavior must be deemed as extreme
and outrageous. If a person of average temperament
would suffer emotional distress caused by
the wrongdoer's actions, then those actions
can be deemed as "outrageous." Consideration
would also need to be taken for those individuals
whose temperament is more sensitive or high-strung:
in cases such as this, the standard for
outrageousness can be lowered. 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 victim can show other non-emotional
damages such as loss of gainful employment.
An example of intentional inflection of
emotional distress would be an aide in a
nursing home telling an aged resident that
her family has died, when they had not,
just to disturb the resident.
If you or a loved one has suffered from
the intentional infliction of emotional
distress, call the Law Office of
James C. DeZao at 1-866-919-9229.
The initial consultation is free of charge,
and if we agree to handle your case, we
will work on a contingency fee basis, which
means we get paid for our services only
if there is a monetary recovery of funds.
In many cases a lawsuit must be filed before
an applicable expiration date, known as
a statute of limitations, so please
contact us
right away to ensure that you do not waive
your right to possible compensation.