Emotional distress is a type of mental suffering that can be caused by another person’s outrageous conduct. If you have suffered emotional distress in California, you may be able to recover damages from the person responsible. To prove a claim for intentional infliction of emotional distress in California, you must prove that:
The defendant’s conduct was outrageous. The conduct must be so extreme and outrageous that it goes beyond all possible bounds of decency and is considered intolerable in a civilized society. The conduct must be intended to cause, or be reckless in the disregard of causing, emotional distress. The defendant must have intended to cause emotional distress or acted with reckless disregard of the probability of causing emotional distress.
As a result of the defendant’s conduct, you must have suffered severe emotional distress. The emotional distress must be so severe that no reasonable person could be expected to endure it. It must be a mental suffering that is more than mere worry, anxiety, vexation, embarrassment, or anger.
In California, it is not enough to prove that the defendant’s conduct was outrageous and intended to cause emotional distress. You must also prove that you suffered severe emotional distress as a result of the defendant’s conduct. To do this, you may need to provide evidence of your mental anguish, such as testimony from a mental health professional. You may also need to provide evidence of physical symptoms that are a result of the emotional distress, such as insomnia, headaches, or nausea.
It is important to note that California law does not allow you to recover damages for mere insults, indignities, threats, annoyances, or petty oppressions. The defendant’s conduct must be extreme and outrageous in order for you to recover damages for emotional distress.
If you have suffered emotional distress in California, it is important to speak with an experienced personal injury attorney who can help you determine if you have a valid claim. An attorney can help you gather the necessary evidence to prove your claim and ensure that you receive the compensation you deserve.
