Intentional Infliction of Emotional Distress
Humans are the most powerful and intelligent creatures on earth made by God. By born, people get some nature in them as human beings. Being emotional is one of those nature.
People say that we humans can’t touch the most beautiful thing in the world. We can only feel it. This feeling and its expression can be described as emotion.
Intentional Infliction of Emotional Distress
It is not necessary that every human being have to act emotionally in response to every action. Happiness, sadness, fear, disgust, anger, surprise are the most common forms of emotion.
People express their feelings through their emotions. Until now, 27 human emotions have been discovered by scientists.
To claim any intentional infliction of emotional distress, it must be four things that are counted as its elements. Let’s have a glimpse of them,
The Respondent’s Act Has to Be Reckless and Intentional
The word “intentional†from intentional infliction of emotional distress refers to the harm caused intentionally to call it intentional infliction. There are so many examples of such cases.
Maybe we all have suffered from the term “emotional distress†at least once in our life. It is one kind of state of mental anguish.
If someone is messaging or blackmailing you intentionally to destroy your mental peace, that will create mental trauma and emotional distress.
Let’s discuss more our main topic in the following sections.
Respondent’s Seasoning Has to Be Utmost and Outrageous
If you are suffering from emotional distress caused by someone very close to you, but you do not have the patience anymore to bear it, and you want legal help, you have to find out why the person is doing all these.
This core reason will play a crucial role in getting justice in a legal claim. For example, if you are getting bullied by your school or collegemates for your hair color, you cannot count it as extreme and outrageous conduct.
Acts that cross the patience and minimum decency level are considered extreme and outrageous conduct. Racism, to some extent, can emerge as an extreme form of conduct.
For example, you live in an apartment for about a year without paying any bill to the landlord. Now, if the landlord takes any action against you, the jury will not count it as intentional infliction of emotional distress.
Here, in this case, the landlord is just practicing his legal rights.
Suppose your friend is blackmailing you after knowing your secrets and revealing those secrets in public, causing great harm to your reputation. In that case, we can identify it as one kind of extreme and outrageous behavior that comes under the claim of intentional inflection of emotional distress.
The Behavior Must Be the Cause of the Distress
One person can be mentally disturbed for so many reasons. For example, if you are a student, you can be disturbed about your exam marks, GPA, parents’ reaction to the result, etc.
In this case, if your teacher assigns you a personal project at that time, it will increase your mental depression, but we cannot count it as intentional infliction.
For any legal claim, it has to be the evil deed or the intentional action of an individual, which is the only reason for your emotional distress.
Emotional Distress in Extreme Level
To meet this last element of intentional emotional distress, the expression of utmost and outrageous behavior has to reach an extreme level.
The plaintiff has to prove to the jury that the emotional distress experienced by them crossed a sufficient level of severity to call it intentional infliction.
The plaintiff must have some evidence to prove their claim which can demonstrate their emotional distress.
Any physical injury is also playing an essential role as an indicator of extreme emotional distress.
Final Words
If the situation satisfies all the above things, it would be called intentional infliction of emotional distress. If you ever find yourself in this situation, never hesitate to ask for legal help. You can file a case to make it stop.
You can contact the personal injury lawyer in Red Deer. They will ensure your safety by taking your case. There are so many people out there who don’t even know that they can get legal help for such issues. We have laws regarding such crimes. Only mass awareness can solve this.