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Requesting Damages for Infliction of Emotional Distress

Once a plaintiff has initiated an action for intentional infliction of emotional distress, the plaintiff may need to consider what damages he or she may be entitled to recover. The best way to ensure that you recover the maximum amount you are rightfully entitled to, is by hiring a knowledgeable and skilled West Palm Beach intentional torts lawyer specializing in intentional infliction of emotional distress. Compensatory damages are available for emotional distress resulting under the "independent tort" theory, for all harm that proximately resulted from the defendant's intentional or negligent infliction of emotional distress, including:

  • Injuries to health;

    Aggravation of an existing disease or physical defect or activation of a latent condition

    Past and future medical expenses; and

    Past and future lost earnings or earning capacity.

    Additionally, compensatory damages are also available for emotional distress that results from the defendant's commission of another tort, also known as the "parasitic damages theory," such as:

    Nuisance

    False imprisonment

    Assault and battery

    Defamation; and

    Medical malpractice

    Moreover, an express finding of liability by the trier of fact will support an award of punitive damages even if actual or compensatory damages have not been proved. However, for a cause of action arising on or after October 1, 1999, punitive damages may not be awarded against a defendant if the defendant establishes before trial that punitive damages were previously awarded against that him or her in any state or federal court in any action alleging harm from the same act or single course of conduct for which the plaintiff seeks compensatory damages.

    To recover all the damages you are entitled to, it is essential that you have an experienced and skilled intentional infliction of emotional distress lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
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