A cause of action for intentional or reckless infliction of emotional distress (IRIED or IIED) may be maintained if a defendant by extreme and outrageous conduct intentionally or recklessly caused severe emotional distress to the plaintiff. Under Florida law, there are two theories of recovery for intentional or reckless infliction of emotional distress, the “independent tort” theory and the “parasitic damages” theory. This article deals with the independent tort theory, another article on this website is dedicated to the parasitic damages theory. To establish the cause of action for intentional or reckless infliction of emotional distress under the independent tort theory, a plaintiff must prove the following:

• The conduct was extreme and outrageous, that is, beyond all bounds of decency;
• The wrongdoer’s conduct was intentional or reckless, in that the behavior was intended to cause emotional distress or that he or she knew or should have know that such distress would result;
• The conduct resulted in emotional distress; and
• The emotional distress was severe.

A plaintiff must demonstrate that the defendant’s conduct was so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and is regarded as atrocious and utterly intolerable in a civilized community. Pursuant to Florida law, whether a claim for intentional infliction of emotional distress is sufficiently outrageous to form the basis for a cause of action, is a matter of law for the court and not a question of fact. Therefore, the test for determining if the defendant’s conduct rises to the level of an IIED is an objective one, which is whether a reasonable person of ordinary sensibilities would find the conduct to be so outrageous.

Additionally, the statute of limitations for intentional infliction of emotional is distress is four years from the time the action accrues. The cause of action accrues from the time of the discovery of the injuries. An experienced West Palm Beach intentional torts lawyer will advice you of the time frame to commence your case and ensure that the case be commenced timely.

If you have suffered extreme emotional distress caused by the wrongdoing of another, you may have a claim for intentional or reckless infliction of emotional distress. Call the West Palm Beach law firm of Sharmin & Sharmin P.A. to get the help you deserve. cALL 1-800-74-TRIAL.