What determines the severity of the emotional distress a plaintiff must prove?

The severity of the emotional distress a plaintiff must prove is primarily influenced by the nature of the defendant's conduct. In tort law, especially in cases involving intentional infliction of emotional distress, the seriousness and extremity of the defendant's actions play a crucial role in assessing the emotional harm suffered by the plaintiff.

For instance, if the defendant's conduct is deemed outrageous or beyond the bounds of decency—such as in cases involving threats, harassment, or extreme humiliation—this can significantly heighten the severity of emotional distress that the plaintiff can claim. Courts often consider the reasonableness of the plaintiff's reaction to the conduct, and extreme or egregious behavior by the defendant is likely to evoke stronger emotional responses.

Other factors, such as how frequently the distress occurs or whether it is verbal or physical in nature, may contribute to the overall assessment but do not hold the primary weight in determining severity. Likewise, public perception can influence how a case is viewed, but it is the defendant’s conduct that primarily serves as the foundation for evaluating the severity of emotional distress in legal terms. Therefore, the nature of the defendant’s conduct is the correct consideration in this context.