The emotional distress that someone can suffer can be severe and can have a long-lasting impact on their life. In some cases, the emotional distress can be so severe that it is considered a form of personal injury and can be the basis for a lawsuit.
When it comes to emotional distress cases, there are two main types: negligent infliction of emotional distress and intentional infliction of emotional distress. The word “intentional” suggests the main difference between the two types of cases. If someone sets out to cause distress, it can sometimes be enough for a lawsuit.
Negligent infliction of emotional distress is when someone’s negligence or carelessness causes emotional distress to another person. This could be due to a careless act, such as a car accident, or an act of omission, such as failing to provide adequate medical care. To prove a case of negligent infliction of emotional distress, the plaintiff must show that the defendant’s conduct was unreasonable and that it caused emotional distress.
Intentional infliction of emotional distress is when someone intentionally causes emotional distress to another person. This could be due to an act of violence, such as physical or verbal abuse, or an act of omission, such as failing to provide adequate emotional support. To prove a case of intentional infliction of emotional distress, the plaintiff must show that the defendant’s conduct was outrageous and that it caused emotional distress.
In either case, the plaintiff must be able to prove that the emotional distress was severe enough to warrant a lawsuit. The plaintiff must also be able to show that the emotional distress was the result of the defendant’s conduct.
If you have suffered emotional distress due to the negligent or intentional actions of another person, you may be able to file a lawsuit. It is important to speak to an experienced personal injury attorney to discuss your case and determine if you have a valid claim. An attorney can help you understand your rights and the legal process, and can provide guidance and advice throughout the process.
