Can You Sue For Intentional Infliction Of Emotional Distress In New Hampshire?

When someone intentionally causes emotional distress to another person, it can have a devastating impact on the victim’s mental well-being. Such behavior is not only morally wrong, but it can also be a basis for a legal claim known as intentional infliction of emotional distress (IIED).

If you are a resident of New Hampshire and have suffered emotional distress due to someone’s intentional misconduct, you may be wondering whether you can sue for IIED. The answer to that question is yes.

What is Intentional Infliction of Emotional Distress?

To establish a claim for IIED, you must first understand what it is. IIED is a tort that occurs when someone engages in extreme and outrageous conduct that is intended to cause severe emotional distress to another person.

The conduct at issue must be so extreme and outrageous that it goes beyond the bounds of decency and constitutes conduct that is intolerable in a civilized society. Moreover, the victim must have suffered severe emotional distress as a direct result of the defendant’s actions.

It is important to note that IIED is not a claim that can be brought frivolously. The conduct at issue must be truly egregious, and the emotional distress must be significant. Also, the victim must be able to demonstrate that the defendant’s actions directly caused the emotional distress.

Elements of a Claim for Intentional Infliction of Emotional Distress

To establish a claim for IIED in New Hampshire, a victim must prove the following four elements:

1. Extreme and Outrageous Conduct

The defendant must have engaged in extreme and outrageous conduct that goes beyond the bounds of decency and is intolerable in a civilized society. Whether conduct is extreme and outrageous is determined by the jury, taking into account the context in which the conduct occurred.

2. Intent

The defendant must have intended to cause severe emotional distress or have acted with reckless disregard for the likelihood that such distress would result from their conduct.

3. Severe Emotional Distress

The victim must have suffered severe emotional distress as a direct result of the defendant’s conduct. Severe emotional distress is defined as distress that goes beyond the level of emotional upset that would be expected under the circumstances.

4. Causation

The defendant’s conduct must have been the direct cause of the victim’s severe emotional distress.

What Damages Can You Recover in an IIED Claim?

If you can prove your IIED claim in court, you may be entitled to recover damages for the emotional distress that you suffered. These damages may include compensation for:

  • Medical expenses related to treating your emotional distress
  • Lost wages or other economic losses resulting from your emotional distress
  • Pain and suffering caused by your emotional distress, including emotional pain, embarrassment, and humiliation
  • Punitive damages if the defendant’s conduct was particularly egregious

Conclusion

If you have suffered severe emotional distress as a result of someone else’s extreme and outrageous conduct, you may be able to sue for intentional infliction of emotional distress in New Hampshire. However, to succeed on such a claim, you will need to establish that the defendant’s conduct was truly egregious and that their conduct was the direct cause of your emotional distress.

If you believe you have a claim for IIED, it is essential to consult with an experienced personal injury lawyer who can evaluate your case and advise you on your legal rights and options.

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