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If you’ve ever experienced the infliction of emotional distress, you might wonder about your legal options. In California, there are two main types of claims: Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED). Understanding the differences between these two terms can significantly impact your case. Here, we break down what each claim involves, how they differ, and what you need to know if you’re considering taking legal action for emotional distress.
What is IIED?
Intentional Infliction of Emotional Distress (IIED) occurs when someone’s deliberate actions cause severe emotional suffering to another person. In California, to establish a claim for IIED, you need to prove the following key elements:
- Extreme and Outrageous Conduct: The defendant’s behavior must be so extreme and outrageous that it goes beyond the bounds of decency tolerated in society.
- Intent or Reckless Disregard: The defendant must have intended to cause emotional distress or acted with reckless disregard for the likelihood of causing such distress.
- Causation: There must be a direct link between the defendant’s conduct and the emotional distress experienced by the plaintiff.
- Severe Emotional Distress: The emotional distress must be severe, meaning it is substantial and enduring, not trivial or fleeting.
Examples of IIED cases can include threats of violence, harassment, or other egregious conduct that causes significant emotional harm.
What is NIED?
Negligent Infliction of Emotional Distress (NIED) occurs when someone’s negligent actions cause emotional distress to another person. In California, to establish a claim for NIED, you need to prove the following key elements:
- Duty of Care: The defendant owed a duty of care to the plaintiff. This means the defendant had a legal obligation to act in a manner that would avoid causing harm to the plaintiff.
- Breach of Duty: The defendant breached that duty of care through negligent actions or omissions.
- Causation: There must be a direct link between the defendant’s breach of duty and the emotional distress experienced by the plaintiff.
- Severe Emotional Distress: The emotional distress suffered must be severe, meaning it significantly impacts the plaintiff’s emotional well-being.
Examples of NIED cases can include witnessing a loved one’s injury due to someone’s negligence or being directly involved in an accident caused by another’s negligence.
Key Differences Between IIED and NIED
The primary difference between IIED and NIED lies in the nature of the defendant’s actions and intent. IIED involves behavior that is both extreme and outrageous, carried out with the intent to cause severe emotional distress or with reckless disregard for the likelihood of causing such distress. In contrast, NIED arises from negligent actions where the defendant’s failure to uphold a duty of care results in emotional harm. Essentially, IIED requires proof of deliberate or reckless conduct, while NIED is based on unintentional, negligent behavior.
Legal Protections and Rights for Victims
In California, victims of emotional distress are protected by laws that allow them to seek compensation for their suffering. Victims have the right to pursue legal action and claim damages for the emotional and psychological impact they endure. These damages can cover therapy costs, lost wages, and other related expenses. Understanding your legal rights and protections is essential to ensure you receive compensation for the emotional distress you’ve experienced.
Contact Our Experienced Thousand Oaks Emotional Distress Attorney
At Ardalan & Associates, we are committed to supporting you through every step of your emotional distress claim. Our experienced team will work to build a strong case and secure the compensation you deserve. Contact us today for a free consultation, and let us help you find justice.