To establish a cause of action for intentional or reckless infliction of emotional distress under the "parasitic damages" theory, the following elements must be proven:

• The defendant committed an independent recognized intentional tort, such as assault, battery, or false imprisonment; and
• The defendant committed the tort with malice or great indifference for the rights of others.

Under the “parasitic damages” theory, damages for emotional distress can be recovered only if the defendant acted with such malice or great indifference to the plaintiff’s rights as to support an award of punitive damages. Additionally, parasitic damages for emotional distress are available only if the plaintiff can demonstrate that the defendant committed a recognized intentional tort, such as assault, battery, or false imprisonment, with malice or great indifference for the rights of others. The plaintiff does not have to prove that the defendant intended on causing the emotional distress if the plaintiff can establish that the defendant knew that the emotional distress was certain or substantially certain to result from the conduct.

An experienced West Palm Beach intentional torts lawyer will advice you that parasitic damages are compensatory, and are recoverable in addition to punitive damages. A West Palm Beach intentional torts lawyer should establish an intentional tort, and amend the complaint to allege a claim for punitive damages for intentional or reckless infliction of emotional distress. The elements necessary to establish a cause of action for the intentional tort should be sufficient to support the claim for punitive damages.

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.