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What is Intentional Infliction of Emotional Distress?

There are three elements necessary to state a cause of action for intentional infliction of emotional distress:

First, the conduct involved must be truly extreme and outrageous. Second, the actor must either intend that his conduct inflict severe emotional distress or know that there is at least a high probability that his conduct will cause severe emotional distress. Third, the conduct must in fact cause severe emotional distress. 

Conduct is extreme and outrageous if it goes beyond the bounds of decency.  It has to be more than mere insults, indignities, or threats. Courts look at all the facts of the case and make a determination on a case by case basis.

A defendant has to be certain or substantially certain that their conduct will cause emotional distress. Lastly, emotional distress is considered severe or extreme when no reasonable person could be expected to endure it. You may be able to recover for the actual injury suffered and for pain and suffering damages.

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