Intentional Infliction of Emotional Distress (IIED)
Historically, there has been no common law remedy for actions that only cause emotional damages. These actions may be completely heinous, but if there was no law in the books specifically forbidding them, there was no recourse for victims. For example, a prankster may send a letter to someone informing them that their spouse or one of their parents has died in an accident, even though this is untrue. Prior to the inception of the tort of intentional infliction of emotional distress (IIED), the victim could not take legal action.
Courts have long been reluctant to allow damages for emotional distress, recognizing the ease in which this type of lawsuit could be abused. After all, how exactly does one quantify emotional damages? However, modern legal theory has recognized that emotional damages can be very real, and very extreme. With the recognition of many mental issues such as Post Traumatic Stress Disorder, the reality of emotional damage is becoming less and less questioned as time goes on.
However, despite the fact that this tort has been specifically defined, many courts are still extremely unfriendly towards the notion of awarding damages based solely on emotional distress. As such, it is very important to hire an experienced Indianapolis intentional infliction of emotional distress lawyer when you are considering pursuing such a claim.
If you or a loved one has been the victim of emotional distress, contact the Indianapolis intentional infliction of emotional distress lawyers of the Hankey Law Office at 317-634-8565.