Emotional distress and invasion of privacy both have high legal hurdles for a plaintiff to clear in order to prove their case successfully. Emotional distress is considered to be the intentional infliction of emotional distress so awful that it causes trauma for the victim.
Not all injuries are visible and apparent; sometimes you can be injured mentally or emotionally and no one may notice. While these cases are very difficult to prove, if you are the victim of emotional distress, there are legal solutions to help you.
We all must deal with rude and nasty people as part of living in society. However, if a person’s behavior truly rises to a reprehensible level, you may be able to recover damages for emotional trauma.
Intentional infliction may vary under states’ laws, but most generally include the following elements:
- Extreme or outrageous conduct
- Severe emotional distress
- Bodily harm; and
- Intentional recklessness
If a situation involves all of these elements, then the person responsible for such behavior is liable for the emotional harm and any bodily harm. For instance, if it can be proven that the irresponsible person caused you to lose a pregnancy; they can be held liable for those damages.
In order for the case to rise to the level of extreme and outrageous, the conduct must exceed all bounds of normal decency. You will also have to prove intent; in other words the person inflicting the abuse must be proven to have intended you harm.
The length and intensity of the emotional harm will also play a part in your case. It is a good idea to keep notes on dates and times of conversations and incidences between yourself and the person trying to cause you emotional harm.
If you think that you’re being bullied, which is what this really is – consult our Online Legal Directory to find an attorney in your area.