If you’ve experienced extreme emotional distress due to someone’s intentional or reckless actions, you may be entitled to compensation. In Illinois, Intentional Infliction of Emotional Distress (IIED) is a recognized claim.
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What is Intentional Infliction of Emotional Distress (IIED)?
To establish an IIED claim, the plaintiff must demonstrate:
- The defendant’s intentional or reckless conduct: This includes actions like harassment, intimidation, or negligence.
- Extreme and outrageous behavior: Examples include racial or sexual harassment or intentionally causing a motor vehicle accident.
- Causation between the conduct and emotional distress: The plaintiff must show a direct link between the defendant’s actions and their resulting emotional harm.
- Severe emotional distress: The plaintiff must experience significant emotional harm.
Examples of IIED in Chicago
IIED can arise from various situations:
- Motor vehicle accidents: A driver’s reckless behavior causes a severe car crash, resulting in PTSD, anxiety, or depression.
- Workplace harassment: An employer’s intentional harassment leads to an employee’s severe emotional distress.
- Medical malpractice: A healthcare provider’s negligence causes significant emotional harm.
Elements of an IIED Claim
To succeed in an IIED claim, you must prove:
1. Outrageous Conduct
The defendant’s behavior must exceed the bounds of decency and tolerability. This can include actions that are shocking, violent, or completely unacceptable. Examples may include physical assault, verbal threats, or intentional property damage.
2. Intent or Recklessness
The defendant must have acted intentionally or recklessly. This may involve deliberate actions or a complete disregard for the plaintiff’s well-being. Intent can be proven through direct evidence or circumstantial evidence.
3. Causation
There must be a direct link between the defendant’s conduct and the plaintiff’s emotional distress. Causation can be established through medical records, witness testimony, or expert opinions.
4. Severe Emotional Distress
The plaintiff must experience severe emotional distress. This can manifest physically, emotionally, or psychologically. Examples include anxiety, depression, PTSD, or other mental health conditions.
Compensation for IIED Claims
Motor vehicle accidents can lead to significant emotional trauma. Victims may recover damages for:
- Medical expenses: Counseling, therapy, or other medical treatment.
- Lost wages: If emotional distress forces you to miss work.
- Pain and suffering: Compensation for emotional harm.
- Emotional distress: Damages for anxiety, depression, or PTSD.
- Punitive damages: To punish the defendant for egregious behavior.
Statute of Limitations for IIED Claims in Illinois
The statute of limitations for IIED claims is two years from the date of the incident. If you’ve experienced severe emotional distress, contact our experienced Chicago personal injury attorneys.
Conclusion
If you’re looking for an experienced Chicago personal injury lawyer to help navigate your personal injury claim, we will fight assiduously for your right to the compensation you deserve. Call Bizzieri Law Offices at 773.881.9000. The case evaluation is free, and we never charge a fee unless we recover damages for you.