In California, victims who suffer emotional distress as a result of another person’s conduct can file a lawsuit for the intentional or negligent infliction of emotional distress. There is no need that a victim suffers a physical injury.
The plaintiff must be able to prove the following elements for a successful claim for intentional infliction of emotional distress:
Under California law, outrageous behavior means that the conduct is so extreme that it goes beyond all possible bounds of decency.
Conduct is considered outrageous when a reasonable person finds the behavior uncivilized, goes beyond minor annoyances and poor manners that must be anticipated in day-to-day activities. As defined by CA case law, outrageous conduct can be shown in different ways including showing a pattern of behavior and not just an isolated incident, abusing the position of authority, using the victim’s vulnerability to emotional distress, or acting with knowledge that the conduct would likely cause emotional distress.
Severe emotional distress means that the distress is so lasting or substantial that no reasonable person could be expected to bear it. It includes highly unpleasant mental reactions, such as shame, fright, worry, grief or anger.
Unexpected accidents may cause life-altering physical injuries, disabilities to people or make a victim suffer from emotional distress. A victim can be entitled to recover compensation in case another person’s negligent conduct has caused him to suffer from emotional distress.
The plaintiff must be able to prove the following elements for a successful claim for negligent infliction of emotional distress:
Negligence takes place when one person has and breaches a duty of care that he owes to another person. A victim must be able to establish the following elements to prove the negligence.
In California law, a bystander who witnesses an accident when another person is injured or killed, may also be able to recover damages for emotional distress.
The bystander must be able to prove the following elements for a successful claim for negligent infliction of emotional distress:
Some examples of situations when a bystander can be eligible for monetary damages
Are you in need of legal assistance regarding emotional distress? Our litigation attorneys in California can provide you with services involved with personal injury, employment law, and many other practice areas of law. No need to fight a battle on your own. Get in touch right away to find out how KAASS Law can help you!
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