How To Prove A Michigan Emotional Distress Claim

 

 

In Michigan, a claim of Emotional Distress is defined as:

The legal doctrine of emotional trauma, pain and suffering as a result of the experience of a harmful incident that was the result of the negligent or intentional act of another person or party.

It simply means:

A party is suing for emotional trauma or damages, not physical, as a result of the negligent actions of another.

There are 4 elements of the claim:

• Element 1. The defendant engaged in extreme and outrageous conduct. The defendant acted in a shocking and unacceptable way that went far beyond what anyone would consider normal behavior, causing significant 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 job opportunities by contacting potential employers with malicious lies.
  * The defendant stalked the plaintiff, showing up uninvited at their home and workplace, creating a pervasive sense of fear.
  * The defendant engaged in a campaign of intimidation, including vandalizing the plaintiff’s property and leaving disturbing notes.

• Element 2. The defendant acted with intent or recklessness. In an emotional distress claim, this means the defendant either meant to cause harm or was careless about the potential harm their actions could cause, showing a disregard for the feelings and well-being of others.
  

  Facts that might support this element look like:

  * The defendant repeatedly sent threatening messages to the plaintiff, despite knowing the plaintiff was distressed by such communication.
  * The defendant intentionally spread false rumors about the plaintiff, fully aware of the potential emotional harm it could cause.
  * The defendant engaged in a pattern of harassment, ignoring the plaintiff’s requests to stop and showing a blatant disregard for their feelings.
  * The defendant publicly humiliated the plaintiff during a social event, demonstrating a clear intent to cause emotional distress.
  * The defendant was aware of the plaintiff’s vulnerable mental state and chose to exploit it for personal amusement.

• Element 3. The conduct caused the plaintiff emotional distress. The plaintiff must show that the actions of the defendant were so harmful or outrageous that they caused significant emotional pain or suffering, impacting the plaintiff’s mental well-being and daily life.
  

  Facts that might support this element look like:

  * The plaintiff experienced persistent anxiety and sleepless nights following the defendant’s harassing communications.
  * The defendant’s actions included public humiliation, which led the plaintiff to withdraw from social interactions.
  * The plaintiff sought therapy to cope with the emotional turmoil caused by the defendant’s conduct.
  * The defendant’s repeated threats created a constant state of fear for the plaintiff, impacting their daily life.
  * Witnesses observed the plaintiff in distress, visibly shaken and upset, after the defendant’s confrontational behavior.

• Element 4. The emotional distress was severe. The emotional distress was severe means that the person experienced intense feelings of sadness, anxiety, or fear that were overwhelming and significantly affected their daily life, making it clear that the emotional pain was not just minor or temporary.
  

  Facts that might support this element look like:

  * The plaintiff experienced persistent anxiety and panic attacks following the incident, which required professional therapy for over six months.
  * The emotional distress led to significant disruptions in the plaintiff’s daily life, including an inability to perform at work and withdrawal from social activities.
  * The plaintiff reported frequent nightmares and flashbacks related to the incident, causing severe sleep disturbances and fatigue.
  * Medical records indicate that the plaintiff was diagnosed with acute stress disorder as a direct result of the defendant’s actions.
  * Friends and family observed a marked change in the plaintiff’s behavior, noting increased irritability and emotional withdrawal since the incident occurred.

^{(See Roberts v. Auto-Owners Insurance Co., 422 Mich. 594, 374 N.W.2d 905 (1985).)}
If you’re in court without a lawyer and plan to assert a Claim of Emotional Distress, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed 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 advocate for your rights.

Prove Your MI Emotional Distress Claim

U.S. Civil Cases Only