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Intentional or Reckless Infliction of Emotional Distress Action

Intentional Torts : Intentional Infliction of Emotional Distress

To state a claim for intentional or reckless infliction of emotional distress, a defendant's extreme and outrageous conduct must have intentionally or recklessly caused severe emotional distress to the plaintiff.  The defendant may be held liable for such emotional distress.  Additionally, if the plaintiff endured bodily harm as a result of the conduct, the defendant will also be liable for the physical harm.  Under Florida law, there are two theories of recovery for intentional or reckless infliction of emotional distress.  First, Florida law recognizes an independent cause of action or “independent tort” for intentional or reckless infliction of emotional distress.  To establish the cause of action under the independent tort theory, a plaintiff must prove the following:

• The wrongdoer’s conduct was intentional or reckless;
• The conduct was outrageous;
• The conduct resulted in emotional distress; and
• The emotional distress was severe.

A West Palm Beach intentional torts lawyer will demonstrate that the defendant’s conduct was intentional or reckless because the defendant’s behavior was intended to cause emotional distress to the plaintiff, or the defendant knew or should have known that the behavior would cause such distress.  However, it is not sufficient to establish a cause of action for intentional or reckless infliction of emotional distress by merely showing that the defendant acted with an intent that is tortious or even criminal, or that the defendant intended to inflict emotional distress, or even that the defendant’s conduct has been characterized by malice.  Liability has only been found where the conduct was so outrageous in character as to go beyond the bounds of decency.

The second theory of recovery is referred to as the “parasitic damages” theory, which requires the following elements:

• 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.

When a defendant’s conduct is sufficiently egregious to suggest malice, but the plaintiff cannot establish all of the required elements to support an independent tort for intentional infliction of emotional distress, the plaintiff’s West Palm Beach intentional torts lawyer may choose to proceed with the cause of action under the theory of parasitic damages.  However, a parasitic claim of intentional or reckless infliction of emotional distress requires proof that the defendant committed an independent recognized tort with malice or great indifference for the rights of others in order to recover 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.

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