| Infliction Of Emotional
Distress
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 is in need of legal assistance, call Boller
& Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. 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. Please call right away to ensure that you do not waive
your right to possible compensation.
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