Can you sue someone for emotional distress in Tennessee?
Tennessee tort reform laws have put a cap on the amount a plaintiff can claim for pain and suffering, including emotional damages. A plaintiff may only claim up to $750,000 for pain and suffering and up to $1,000,000 in cases of catastrophic loss or injury.
What is the difference between negligent infliction of emotional distress and intentional infliction of emotional distress?
Unlike intentional infliction of emotional distress, in which intent is the central consideration, NIED assumes the defendant has a legal duty to use reasonable care with regard to the plaintiff. The scope of this legal duty — and how a plaintiff’s standing is determined — is widely interpreted by the courts.
What is intentional infliction of emotional distress (IIED)?
Intentional infliction of emotional distress (“IIED”) is a civil tort that is sometimes referred to as the “tort of outrage.” A person commits intentional infliction of emotional distress by carrying out an extreme and outrageous act against their victim.
What is the tort of negligent infliction of emotional distress?
The tort of Negligent Infliction of Emotional Distress is a cause of action brought by someone who witnesses a traumatic event, usually to a loved one, and suffers some kind of emotional or physical reaction as a result. A common example is a lawsuit brought by a surviving passenger in a fatal car accident involving loved ones.
What are some examples of intentional injuries of emotional distress?
Seeing a child die in an automobile accident from a distance or receiving a letter from someone falsely claiming that a close family member had died are all examples of intentional infliction of emotional distress. The elements of a prima facie case for the tort of intentional infliction of emotional distress are:
What do you need to prove intentional infliction of emotional distress?
To succeed in a claim of intentional infliction of emotional distress, a plaintiff must prove the following three elements: The defendant acted intentionally or recklessly to cause severe emotional harm to another; and The defendant’s act caused the plaintiff to suffer severe emotional harm.