How To Prove A Florida Intentional Infliction of Emotional Distress Claim
In Florida, a claim of Intentional Infliction of Emotional Distress is defined as:
Intentional infliction of emotional distress occurs when a person says or does something so outrageous or insulting that another suffers emotional damage as a result.
It simply means:
When a party purposefully causes someone psychological suffering.
There are 4 elements of the claim:
- Element 1. The defendant deliberately or recklessly inflicted mental suffering on the plaintiff. The defendant intentionally or carelessly caused the plaintiff significant emotional pain through their actions or words, showing a complete disregard for the plaintiff’s feelings and well-being.
Facts that might support this element look like:
* The defendant repeatedly made derogatory comments about the plaintiff’s appearance in front of their peers, causing significant embarrassment and distress.
* The defendant intentionally spread false rumors about the plaintiff’s personal life, leading to social isolation and emotional turmoil.
* The defendant engaged in a pattern of harassment, including unwanted messages and public confrontations, which severely impacted the plaintiff’s mental well-being.
* The defendant ignored the plaintiff’s requests to stop their harmful behavior, demonstrating a reckless disregard for the plaintiff’s emotional state.
* The defendant’s actions included threats and intimidation, creating a hostile environment that caused the plaintiff to experience anxiety and fear. - Element 2. The defendant’s conduct was outrageous. The defendant’s actions were so extreme and shocking that they went beyond what any reasonable person would consider acceptable, causing severe emotional pain to the victim.
Facts that might support this element look like:
* The defendant repeatedly harassed the plaintiff with threatening messages over several weeks, causing significant emotional distress.
* The defendant publicly humiliated the plaintiff by spreading false rumors about their personal life in front of their friends and colleagues.
* The defendant intentionally sabotaged the plaintiff’s work projects, leading to severe professional repercussions and emotional turmoil.
* The defendant engaged in a pattern of stalking behavior, following the plaintiff to their home and workplace, instilling fear and anxiety.
* The defendant made derogatory comments about the plaintiff’s appearance and character during a community event, resulting in public embarrassment and distress. - Element 3. The defendant’s conduct was the cause of emotional distress. The defendant’s actions directly led to the victim experiencing severe emotional pain or distress, meaning that what the defendant did was a key reason for the victim’s suffering.
Facts that might support this element look like:
* The defendant repeatedly harassed the plaintiff with threatening messages over several weeks, causing significant anxiety and fear.
* The defendant publicly humiliated the plaintiff during a work meeting, leading to severe embarrassment and loss of self-esteem.
* The defendant intentionally spread false rumors about the plaintiff, resulting in social isolation and emotional turmoil.
* The defendant’s actions included stalking the plaintiff, which created a constant state of fear and distress in the plaintiff’s daily life.
* The defendant’s refusal to cease unwanted contact despite the plaintiff’s clear objections exacerbated the plaintiff’s emotional suffering. - Element 4. The plaintiff’s distress was severe. The plaintiff experienced intense emotional pain or suffering due to the defendant’s outrageous behavior, which was so extreme that it went beyond what is normally acceptable in society, making the distress significant and impactful on the plaintiff’s well-being.
Facts that might support this element look like:
* The plaintiff experienced frequent panic attacks and insomnia following the defendant’s actions, significantly impacting their daily life.
* The plaintiff sought therapy for anxiety and depression, attributing their mental health struggles directly to the defendant’s conduct.
* The plaintiff received a diagnosis of acute stress disorder from a licensed mental health professional due to the distress caused by the defendant’s behavior.
* The plaintiff reported feelings of hopelessness and despair, leading to a withdrawal from social activities and relationships.
* The plaintiff experienced physical symptoms, such as headaches and gastrointestinal issues, which their doctor linked to the emotional distress caused by the defendant.
(See Liberty Mutual Ins. Co. v. Steadman, 968 So. 2d 592 (Fla. Court of Appeals 2007). Williams v. City of Minneola, 619 So. 2d 983 (Fla. Court of Appeals 1993).)
If you’re in court without a lawyer and plan to assert a Claim of Intentional Infliction of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.
Prove Your FL Intentional Infliction of Emotional Distress Claim
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