Cincinnati Personal Injury Cincinnati Personal Injury Cincinnati Personal Injury Cincinnati Personal Injury

Intentional Infliction of Emotional Distress

Posted on April 20th, 2009 No Comments

Typically, negligence lawsuits address specific, tangible damages, such as a loss of wages, property damage, medical expenses, or otherwise. However, it cannot be denied that emotional distress can severely impact a victim’s life. In times prior to the 20th century, a lawsuit based solely on the grounds of emotional damages could not be brought to court. However, the tort of Intentional Infliction of Emotional Distress was created in order to correct this problem, and four criteria must be met for a claim to be valid:

1.    The act was intentional or reckless. Thus, an act that accidentally causes emotional distress could not be considered, unless it was committed with reckless disregard for its consequences.
2.    The act was “extreme and outrageous”. Because these definitions are inherently subjective, you should always contact an experienced personal injury lawyer when bringing an intentional infliction of emotional distress claim to court.
3.    The act caused the distress. It is important to file a lawsuit as soon as possible after the event has occurred so as to ensure that you can adequately show that the act is what caused your distress rather than an intervening factor.
4.    The distress was severe. Again, this definition is inherently subjective, so it is important to be aggressively represented by an experienced personal injury lawyer when bringing a claim to court.

If you or a loved one have been the victim of the infliction of emotional distress, contact Cincinnati personal injury lawyer Shawn M. Stepleton at 513-321-7733.

Leave a comment





Privacy Policy

Click to verify BBB accreditation and to see a BBB report
Stepleton Dugan, LLC
6071 Montgomery Road
CincinnatiOH 45213
(513) 321-7733
Directions
Stepleton Dugan, LLC
6071 Montgomery Road
Cincinnati, OH 45213
(513) 321-7733

home   |   firm overview   |   practice areas   |   contact us   |   auto accidents   |   personal injury   |   articles
faqs   |   areas   |   blog   |   related sites   |   sitemap   |   Log in   |   Shawn Stepleton+   |   Find us on Google+