General

Serious Emotional Damage (§ 300 (c))

Intentional infliction of emotional distress is a common law tort that allows individuals to recover for severe emotional distress caused by another individual who intentionally or recklessly inflicted emotional distress by behaving in an “extreme and outrageous” way. In short, the law recognizes emotional distress as a state of mental suffering that occurs because of an experience caused by the negligence or intentional acts of another, usually of a physical nature. Bystanders or individuals who personally experienced the emotional trauma, along with their relatives, may be able to assert a civil lawsuit alleging emotional distress. In these cases expert witness testimony from a therapist or psychiatrist may be used to prove a plaintiff’s case of emotional distress, as well as evaluate the range of monetary damages associated with the injury.