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Infliction of Emotional Distress

When the actions of one person cause emotional or mental trauma to another, the victim may be able to recover damages for the mental stress. The stress can be caused by intentional, reckless or negligence conduct; however, in cases of negligent infliction of emotional distress (NIED), the threshold of injury is higher than in cases of intentional/reckless infliction of emotional distress (IIED).

What are the elements of Intentional Infliction of Emotional Distress?

IIED occurs when a person, through extreme or outrageous behavior intentionally (or recklessly) causes severe emotional distress, mental trauma and/or bodily harm to another.

There need not be bodily harm to establish this tort. A plaintiff may recover damages for both the emotional harm, as well as physical harm that results from the conduct. IIED is a very difficult tort to establish.

Click for examples of IIED

What are the elements of Negligent Infliction of Emotional Distress?

NIED occurs when a person's negligence behavior causes mental distress. Most often, in cases of NIED, there must be physical harm in addition to mental harm for a plaintiff to recover. There are exceptions to this rule, however.

Click for an example of NIED

I am the victim of IIED or NIED:

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