| 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 has suffered from the
intentional infliction of emotional distress,
call Law Office of James C. DeZao at 1-800-675-2604 .
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, so please call right away to ensure
that you do not waive your right to possible
compensation. |
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