To establish a cause of action for intentional or reckless infliction of emotional distress (IRIED or IIED) the plaintiff must demonstrate that the defendant acted intentionally or recklessly. Intentional means that the defendant must have intended to commit the particular behavior at issue, and knew or should have known that such behavior would result in severe emotional distress to the plaintiff. However, a plaintiff does not need to prove that the defendant intended to inflict severe emotional distress, rather it is sufficient to establish the intent to engage in a specific behavior with the knowledge that such emotional distress will follow or is substantially certain to follow.

Additionally, to establish a claim for IIED the plaintiff must prove that the defendant’s outrageous conduct was the cause of the emotional distress. The outrageous conduct causing severe emotional distress, essentially involves the deliberate or reckless infliction of mental suffering of the plaintiff, even if it is not connected to any other actionable wrongdoing. However, the manifestations of emotional distress are not actionable unless the emotional distress is severe. Although severe emotional distress is usually followed by resulting bodily harm, such as shock, nausea, or other physical aliments, the existence of bodily harm need not be demonstrated to prove that one has suffered severe emotional distress.

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 at 1-800-74-TRIAL.