Claiming Damages Statement For Mental Distress
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FAQ
To recover for the intentional infliction of emotional distress, a plaintiff usually has the burden to prove that 1) the defendant has acted intentionally or recklessly; 2) defendant's act was outrageous and extreme and 3) such act has caused the plaintiff's emotional distress.
Here are five ways to prove emotional distress in court. #1: Intensity. The intensity of your emotional distress can help your attorney prove that you suffered damages. ... #2: Duration. ... #3: Related Bodily Harm. ... #4: Underlying Cause. ... #5: Doctor's Note.
Examples of Intentional Infliction of Emotional Distress claims can include racial insults, sex discrimination, false imprisonment and conduct that threatens your physical security (although a physical injury is not necessary).
The distress caused must be reasonably severe and for your claim to be successful you will have to prove that it has affected your quality of life. You must show that you have suffered a 'loss of amenity' because of it.
This may include medical records, witness statements, and testimony from mental health professionals. To help your case, keep a journal and document your feelings and emotional distress symptoms.
