How To Prove A Texas Intentional Infliction of Emotional Distress Claim
In Texas, 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 acted intentionally or recklessly. The defendant intended to cause emotional distress or was aware that their conduct was very likely to cause severe emotional distress to the plaintiff. The defendant either meant to upset the plaintiff on purpose or knew that their actions were likely to cause serious emotional pain, showing a disregard for the plaintiff’s feelings.
Facts that might support this element look like:
* The defendant repeatedly sent harassing messages to the plaintiff, despite knowing that the plaintiff had requested no further contact.
* The defendant publicly humiliated the plaintiff during a social event, fully aware that the plaintiff was sensitive about their reputation.
* The defendant made false accusations about the plaintiff’s character to mutual friends, intending to damage the plaintiff’s relationships and mental well-being.
* The defendant engaged in a pattern of stalking behavior, demonstrating a clear disregard for the plaintiff’s emotional safety and mental health.
* The defendant laughed and encouraged others to mock the plaintiff during a vulnerable moment, showing a blatant disregard for the plaintiff’s feelings. - Element 2. The defendant’s conduct was extreme and outrageous. The defendant’s actions were so shocking and unreasonable that they went beyond what anyone 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 colleagues.
* The defendant intentionally sabotaged the plaintiff’s work project, knowing it would lead to severe professional repercussions and emotional turmoil.
* The defendant engaged in a campaign of relentless bullying, targeting the plaintiff with derogatory remarks and intimidation tactics.
* The defendant invaded the plaintiff’s privacy by sharing private information without consent, leading to feelings of vulnerability and distress. - Element 3. The defendant’s actions caused the plaintiff emotional distress. The defendant’s behavior must have directly led to the plaintiff feeling severe emotional pain or distress, meaning that the actions taken by the defendant were a key reason for the plaintiff’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 feelings of shame and embarrassment.
* The defendant spread false rumors about the plaintiff, resulting in social isolation and distress within their community.
* The defendant’s actions included stalking the plaintiff, which created a constant sense of fear for their safety.
* The defendant intentionally sabotaged the plaintiff’s personal relationships, leading to emotional turmoil and distress. - Element 4. The emotional distress was severe. The emotional distress was severe means that the person experienced intense feelings of anxiety, sadness, or fear due to someone else’s outrageous behavior, which significantly impacted their daily life and well-being.
Facts that might support this element look like:
* The plaintiff experienced persistent anxiety and panic attacks following the defendant’s actions, which required professional therapy for over six months.
* The plaintiff was unable to perform daily activities, including work and social interactions, due to overwhelming feelings of distress and fear.
* The plaintiff suffered from insomnia and significant weight loss, resulting in a noticeable decline in physical health attributed to the emotional distress caused by the defendant.
* The plaintiff received a formal diagnosis of acute stress disorder from a licensed mental health professional as a direct result of the defendant’s conduct.
* The plaintiff experienced frequent crying spells and emotional breakdowns, disrupting personal relationships and leading to isolation from friends and family.
(See Hersh v. Tatum, 526 S. W. 3d 462 (Tex. Supreme Court 2017). Twyman v. Twyman, 855 SW 2d 619 – Tex: Supreme Court 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.
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