What Is Intentional Infliction of Emotional Distress?

You probably know that when someone else's carelessness causes an accident, and you end up getting hurt as a result, you can bring a personal injury case against them. But someone else's purposeful action can also lead to a personal injury called an intentional tort. Injuries resulting from physical acts like assault and battery can form the basis of an intentional tort claim, but emotionally-harmful actions can too. That's where a claim of intentional infliction of emotional distress (IIED) comes in.

What Is the Definition of Intentional Infliction of Emotional Distress?

Each state has its own definition of intentional infliction of emotional distress. But a common definition might look something like this: "Liability for IIED can arise when one person's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another."

In other words, if a defendant intentionally does something truly awful to a plaintiff, the plaintiff can sue for IIED and recover compensation (damages) simply based on their emotional distress. If the severe emotional distress also makes the plaintiff ill or causes some other physical problem, the plaintiff can recover damages for that harm as well.

(For cases where emotional injury was caused by carelessness or "by accident", a claim of negligent infliction of emotional distress claims (NIED) might be appropriate.)

"Emotional Distress" Can Be Part of Most Personal Injury Claims

It's important to note the distinction between the standalone intentional tort claim of "intentional infliction of emotional distress" and "emotional distress" as one component of a larger injury claim.

Compensation for "emotional distress" and other kinds of mental harm are usually available when a claimant suffers physical injury as a result of a accident, like in a claim arising from a car accident or a slip and fall. In those cases, accompanying emotional distress is part of the claimant's "pain and suffering." The defendant's conduct does not need to be "extreme and outrageous" in cases where the plaintiff suffered physical injury. (Learn more about how the nature and extent of injuries affects claim value.)

What Is "Extreme and Outrageous" Conduct?

If you're suing for IIED unconnected to another injury-related claim, you must usually prove that the defendant engaged in extreme and outrageous conduct.

Often, only conduct that goes beyond all possible bounds of decency can make a defendant liable for IIED. Whether the defendant's conduct meets this threshold is a question for the judge or jury. A practical joke gone horribly wrong probably won't ever rise to the level of "extreme and outrageous" conduct, but a pattern of aggressive harassment or psychological manipulation might do the trick, especially if it's provable with the right evidence.

Abuse of Power Can Lead to an IIED Claim

The extreme and outrageous conduct may take place in the course of a relationship in which the defendant holds authority or other power over the plaintiff, or over the plaintiff's interests. If the authority—such as a police officer, school official, landlord, or collecting creditor—abuses their position in some extreme manner, they may be liable to the plaintiff for IIED. It's important to note that insults and other rude conduct will not create liability. Here are some examples:

• A, the principal of a high school, summons B, a female student, to his office, and abruptly accuses her of immoral conduct with various male students. A bullies B for an hour, and threatens her with public disgrace unless she confesses. B suffers severe emotional distress, and resulting illness. A is probably subject to liability to B for both.

• A, a creditor, seeking to collect a debt from B, sends B a series of letters in lurid envelopes bearing a picture of lightning about to strike, in which A repeatedly threatens suit without bringing it, reviles B as a deadbeat, a dishonest man, and a criminal, and threatens to garnish his wages, to bother his employer so much that B will be discharged, and to "tie B up tight as a drum" if he does not pay. B suffers severe emotional distress. A is likely subject to liability to B.

• A, a creditor, seeking to collect a debt, calls on B and demands payment in a rude and insolent manner. When B says that he cannot pay, A calls B a deadbeat, and says that he will never trust B again. A's conduct, although insulting, is not so extreme or outrageous as to make A liable to B under an IIED theory.

Learn more about intentional conduct and negligence in personal injury cases.

Intentional Infliction of Emotional Distress Cases Are Tough to Win

The "extreme and outrageous" conduct we've discussed here goes well beyond the kind of ordinary carelessness ("negligence") that's the basis for most kinds of personal injury cases. And any intent to cause emotional or mental harm needs to be backed up by evidence. If there's a pattern of this kind of conduct, proving intent might be easier than it would be with an isolated incident.

Statements and testimony from witnesses, text messages, phone calls, and other evidence needs to be gathered and presented in a way that effectively shows the defendant's mindset, and the likelihood that this kind of conduct would result in emotional harm. If the claimant has received care from a mental health professional, records of that treatment can help establish the impact of the defendant's conduct on the claimant.

Even When You Win an IIED Case, You Might Not Be Able to Collect

With most kinds of personal injury cases, there's an insurance policy that applies to the underlying incident that led to the harm. Think of the car insurance policy that would cover a passenger's injuries after a traffic accident, or the homeowner's insurance policy that would apply when a neighbor gets hurt on your property.

But insurance policies don't cover intentional or criminal conduct. So, even if your intentional infliction of emotional distress case is successful (you win after a court trial), in order to collect on the judgment, you'll need to hope that the defendant has enough in the way of personal assets. Learn more about collecting your personal injury settlement money or judgment.

Before you decide to pursue an intentional infliction of emotional distress claim over someone else's harmful conduct, it might make sense to discuss your situation with an experienced personal injury lawyer.