What kind of distress must be proven for damages to be awarded in an IIED case?

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In a case of Intentional Infliction of Emotional Distress (IIED), the standard that must be met involves proving severe emotional distress that is deemed excessive given the circumstances. The requirement of "severe" emphasizes that not just any emotional upset will suffice for a claim; rather, the distress must be significant enough to potentially impact the victim's daily life and psychological well-being.

The term "excessive" further clarifies the expectation that the emotional distress must be out of proportion to what a reasonable person would typically experience in reaction to the defendant's conduct. Courts look for tangible evidence of this distress, such as testimony from the plaintiff regarding the emotional impact, expert testimony regarding conditions such as anxiety or depression, or other indicators that demonstrate profound psychological harm.

Severe emotional distress can manifest in various ways, including an inability to perform daily tasks, social withdrawal, or other debilitating symptoms, which differentiate it from general or minor emotional responses. Thus, to prevail in an IIED claim, the plaintiff must convincingly demonstrate that the distress experienced is both intense and disproportionate to the defendant's actions.

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