What is required for damages in an intentional infliction of emotional distress (IIED) claim?

The requirement for damages in a claim for intentional infliction of emotional distress (IIED) hinges on the necessity to demonstrate that the emotional distress suffered is severe and transcends what a reasonable person could endure. In Georgia, as in many jurisdictions, the standard is high, requiring that the emotional distress be of a severe nature, which typically means it must be more than the mundane or transient feelings of sadness or distress that anyone might experience.

In making this determination, courts will often consider the intensity and duration of the distress, the psychological impact it has on the plaintiff, and how the distress is manifested in the plaintiff's daily life. Mere annoyance, upset, or embarrassment is insufficient; the emotional impact must be compelling and significant. Thus, the requirement to prove severe emotional distress reflects the intention of the law to limit IIED claims to those situations that genuinely warrant legal intervention due to the gravity of the harm experienced. This aligns with the need to maintain a level of seriousness in legal claims, ensuring that courts are not inundated with exaggerated or trivial claims that could undermine the legal process.

This understanding helps solidify the expectation that anyone asserting an IIED claim must substantiate the severity of their emotional response within the context of what can be deemed reasonable.