In California, you can legally claim the intentional infliction of emotional distress (IIED) . You could have a case if the defendant’s outrageous conduct causes you emotional distress. The behavior must have been done intentionally or with complete disregard for how it would affect you. These cases usually involve an employer emotionally abusing an employee.
With the assistance of a San Francisco personal injury attorney , you could be eligible for compensatory damages. Learn more below about obtaining damages for the intentional infliction of emotional distress in California.
Under the law, emotional distress may include some or all of the following:
However, to receive compensation under the intentional infliction law of California, you must undergo severe emotional distress. This is not a brief occurrence; it is distress so dire that no reasonable person can tolerate it. Usually, the emotional distress lasts for an extended period.
To qualify for damages, the ‘outrageous conduct’ you endured must go beyond hurt feelings, rudeness, or someone annoying you. Conduct under the law is considered outrageous if a reasonable person would see it as going beyond decent behavior.
Some factors that may indicate the defendant’s conduct was outrageous are:
The laws of California state that someone acts with reckless disregard when they know that you would probably suffer emotional distress from the conduct. Also, reckless disregard means the person gave no thought to the effects of their conduct on you.
However, the person does not need to act with evil or malicious purposes for you to be eligible for compensation. It is enough that they exhibited outrageous conduct without considering how it would affect you. If you have been emotionally devastated by their behavior, you could have a claim under California law.
Some cases where intentional infliction of emotional distress may lead to compensation are:
Let’s look at more examples. Being fired, for example, is embarrassing and hurtful for most of us. But unless the act was due to retaliation or discrimination, there probably is no case.
However, if your boss regularly humiliates you in front of workers, or insulted or demoted you for no reason, these could qualify as intentional infliction of emotional distress. Other examples include sending emails or memos to the staff criticizing you repeatedly.
No. You do not need to prove you suffered physical harm to be compensated. However, in situations where you have a lot of medical bills, lost earnings, and reduced earning capacity, you can receive money for mental anguish.
You also may be eligible in some cases for punitive damages. This would be when you have suffered gross negligence and outrageous behavior.
Your personal injury attorney will attempt to prove your claim by showing that the person’s conduct was outrageous and reckless or intended to cause you emotional distress. Because of their outrageous behavior, you suffered severe emotional distress.
For a successful lawsuit for IIED against your employer, you need to prove the following:
California law allows direct victims and sometimes bystanders to receive compensation for the intentional infliction of emotional distress. First, however, you need to file your claim quickly. California’s statute of limitations for personal injury claims is only two years. Therefore, the case will be dismissed if you don’t file the claim within two years of the incident.
No, however, some victims can pursue claims under federal rules outlawing hostile work environments and engaging in retaliation against whistleblowers.
The State of California does not tolerate the intentional infliction of emotional distress. If you have experienced this, you should remember that the law protects you. You may get relief without going to trial. Most of these cases in California are settled before seeing a courtroom.
Suppose your employer has violated your rights and caused you intentional infliction of emotional distress. In that case, you should talk to a San Francisco personal injury attorney to see if you have a case.
If your employer has intentionally inflicted emotional distress, you can not tolerate it. Our attorneys help clients in and around San Francisco, Santa Rosa, Vacaville, and Discovery Bay, and we will fight for your rights. You could be eligible for compensation for mental anguish, lost earnings, and loss of earning capacity. Contact us today for a complimentary consultation.
