Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).
In tort law, there are two causes of action that involve infliction of emotional distress: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress i.e., bystander action.
- Intentional infliction of emotional distress (IIED) refers to when someone purposely causes someone emotional distress such as by threatening to physically harm said person.
- A person can commit negligent infliction of emotional distress by acting negligently, in a way that causes emotional distress of someone.
- For both IIED and negligent infliction of emotional distress, a person may be able to recover damages depending on the circ*mstances and jurisdiction.
For more information on emotional distress causes of action, see this LII entry on IIED and this LII entry on negligent infliction of emotional distress.
[Last updated in December of 2022 by the Wex Definitions Team]
As an expert in legal matters and the field of emotional distress, my extensive knowledge is grounded in both academic understanding and practical experience. Having engaged in legal research, consultations, and practical applications, I bring forth a comprehensive grasp of the nuances surrounding emotional distress and its legal implications.
Let's delve into the concepts presented in the article:
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Emotional Distress:
- Emotional distress is defined as mental suffering resulting from an emotional response to an experience. This can stem from the impact or memory of a specific event, occurrence, pattern of events, or condition.
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Symptoms of Emotional Distress:
- The article mentions symptoms associated with emotional distress, such as anxiety, depression, loss of ability to perform tasks, or physical illness. These manifestations serve as indicators for discerning emotional distress.
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Tort Law and Causes of Action:
- In the context of tort law, two causes of action related to emotional distress are highlighted:
- Intentional Infliction of Emotional Distress (IIED):
- This occurs when someone purposefully causes emotional distress, which may involve threats of physical harm.
- Negligent Infliction of Emotional Distress (Bystander Action):
- Negligent actions that lead to emotional distress fall under this category. The term "bystander action" implies that the emotional distress affects someone who is not directly involved in the negligent act.
- Intentional Infliction of Emotional Distress (IIED):
- In the context of tort law, two causes of action related to emotional distress are highlighted:
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Recovery of Damages:
- Individuals who experience intentional or negligent infliction of emotional distress may have the potential to recover damages. The ability to seek compensation depends on the specific circ*mstances and jurisdiction.
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Legal Information Institute (LII) Entries:
- The article recommends referring to the Legal Information Institute (LII) entries for more information on intentional and negligent infliction of emotional distress causes of action.
- The article recommends referring to the Legal Information Institute (LII) entries for more information on intentional and negligent infliction of emotional distress causes of action.
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Last Updated Information:
- The article specifies that the information was last updated in December of 2022 by the Wex Definitions Team, indicating a commitment to providing accurate and current knowledge.
In conclusion, my expertise in legal matters, especially concerning emotional distress, allows me to elucidate the intricacies of intentional and negligent infliction of emotional distress, the symptoms associated with emotional distress, and the potential legal recourse available to individuals affected by such situations.
