California personal injury laws are based upon the principle that a victim should be entitled to compensation when someone else’s negligent acts lead to an injury-causing accident. These cases generally involve negligence, mistakes, or carelessness. Common examples include car accidents, slip-and-fall, or trip-and-fall injuries.
In cases where the action by a wrongdoer is intentional or with reckless disregard, you may have a claim for intentional infliction of emotional distress (IIED). Under California’s statute of limitations, you have two years after the incident to file this type of personal injury lawsuit in court.
Still, there is much more to a claim for intentional infliction of emotional distress than the time restrictions. You must meet the legal requirements with solid proof, and you may need to overcome accusations and defenses alleged by the at-fault party. Sherman Oaks personal injury attorneys can explain more about the statute of limitations for intentional infliction of emotional distress, along with a few details victims need to know about these cases.
Overview of IIED claims in California
To recover compensation in a claim for intentional infliction of emotional distress, you need to prove that:
- The responsible party’s conduct was outrageous
- The acts were either reckless or intended to lead to emotional distress for the victim
- The at-fault party’s misconduct led you to suffer severe emotional distress
In defining “severe emotional distress,” California law refers to substantial and long-term harm, the trauma that is minor and/or limited in duration will not suffice for IIED claims. Instead, you will need to establish that you experienced such feelings as:
- Anxiety, shock, and worry
- Grief, depression, and anguish
- Shame and humiliation
- Extreme nervousness
- Other emotional ramifications that no reasonable person should be expected to endure
Compensation is available for victims
Compensation is available for victims. An IIED cause of action entitles the victim to monetary damages if the elements above can be proven. You could recover for the costs of medical treatment of your physical and psychological injuries, as well as lost wages if you were out of work.
It is also possible to obtain amounts for your non-economic damages, such as pain and suffering. Sometimes, intentional infliction of emotional distress claims also allows for the recovery of punitive damages.
Unlike amounts intended to compensate the victim for his or her losses, this category of damages is intended to punish the offender and discourage others from engaging in outrageous misconduct. Instead of your losses, the focus is on the responsible party’s conduct and ability to pay. Punitive damages are awarded in addition to compensatory damages.
Our Los Angeles personal injury attorneys will protect your interests
We are ready to set up a free consultation to assess your situation and begin developing a strategy for enforcing your rights. For more information on IIED claims, please call El Dabe Ritter Trial Lawyers for the intentional infliction of emotional distress at 213-985-1120 or visit us online.