There are several elements that constitute intentional infliction of emotional distress. The defining aspect of such an act is that the perpetrator is aware that their behavior will cause psychological harm to others. Infliction of emotional distress can happen at home, in the workplace, and in many other settings, so it’s important to be able to identify it when it occurs.
Understanding the elements that underpin intentional infliction of psychological damage and emotional distress can help you identify if you’ve been a victim of a similar injustice. If you can determine whether you’ve been a victim of emotional abuse, you can hire an attorney and take legal action against the person who has wronged you.
Understanding Intentional Infliction of Emotional Distress
Intentional infliction of emotional distress (IIED) is essentially an act that’s so awful and hurtful that it causes the victim to experience serious psychological and emotional suffering. To further understand what constitutes an IIED, it can help to understand how an attorney proves that someone has committed it.
If someone knowingly causes you psychological harm, you have the right to file a claim or lawsuit against them. To hold someone liable for intentionally inflicting emotional distress on you, your lawyer will have to prove the following:
- The defendant committed an act against you that can be reasonably defined as outrageous or extreme
- The defendant’s actions were intentional or reckless
- The defendant’s action caused you to endure severe emotional harm
If an attorney is able to prove the statements listed above, you’re likely to receive compensation for the suffering you’ve been forced to endure. The money you receive from your claim can help you seek mental health counseling and afford you the resources you need to cope with your mental distress.
Types and Effects of Intentional Infliction of Emotional Distress
To fully understand IIED, it’s important to learn about the different types and how they can affect the victim. Learning more about such matters can also help you find out if someone in your life has committed such an act against you. The most common instances of IIED are as follows:
- Sexual abuse and harassment
- Harassment based on gender identity
- Racist insults
- False imprisonment
- Threats to safety
- Hate crimes
- Violations of employment law
These are just a few of the ways in which emotional distress can be inflicted on a person. If you or someone you know has been the target of such an act, an attorney can help you take action against the perpetrator.
While it’s helpful to understand the different types of emotional distress, learning about how people respond to it can help you identify if a friend or loved one is a victim of IIED. Effects of intentional infliction of emotional distress include:
- Chronic stress and worrying
- Anxiety and depression
- Drug use
- Migraines, fatigue, digestive issues
Taking Legal Action Against IIED
If you or someone you know is a victim of IIED, you can take legal action against the guilty party. A personal injury attorney can investigate your situation, build a claim or lawsuit and file it against the person who has been hurting you.
If the offending party has also committed physical acts of violence against you, a lawyer can hold them accountable for assault. If your claim is successful, you’ll receive compensation to help you cope with your psychological trauma.
You may also be entitled to receive damages for the physical abuse you’ve endured. Such compensation can be used to cover any medical bills you’ve incurred due to the abuse. While it might be frightening to go up against an abuser in court, your attorney will handle the litigation process and ensure that everything goes smoothly.
Statute of Limitations for Personal Injury Lawsuits in Texas
Your attorney may advise you to file a personal injury lawsuit to take legal action against
someone who has intentionally inflicted emotional distress on you. If they do, it will have to be submitted in accordance with Texas’ statute of limitations for such suits.
Tex. Civ. Prac. & Rem. Code § 16.003 states that plaintiffs have two years to file a lawsuit. Failure to take legal action within the state-imposed time frame could prevent you from receiving compensation. Fortunately, there are a number of exceptions to this rule, so we encourage you to contact an attorney, even if you believe your deadline has passed.
Personal Injury Attorneys don’t Charge Up-Front Fees
If you’re hesitant to take legal action against the person who has been emotionally abusing or assaulting you because you’re not sure if you can afford an attorney, there’s something you should know. Most personal injury attorneys don’t charge upfront or out-of-pocket fees.
That’s because the majority of lawyers operate on a contingency-fee-basis. That means your attorney will take a portion of the compensation you receive from your lawsuit in exchange for their advocacy. If your claim is unsuccessful, your attorney won’t get paid. While contingency fees can vary from lawyer to lawyer, most take about one-third of the settlement.
We Can Help You Sue for Intentional Infliction of Emotional Distress
If you’re a victim of serious harassment, abuse, or threats to safety, the Buzbee Law Firm can help you pursue a lawsuit against the person who has mistreated you. Our attorneys take cases like this very seriously and will work tirelessly until you’ve received compensation for intentional infliction of emotional distress.
Contact our team today to learn more about your legal options after experiencing IIED. We’ll set up a no-obligation consultation to explain the legal process of holding someone accountable for emotional abuse and determine if you have a valid claim. We look forward to hearing from you and helping you on your road to psychological recovery.