What Exactly Constitutes Emotional Distress?
Emotional distress is a legal term used to describe a number of types of mental harm, often arising from a victimization by others. These harms can often be tied to bodily injuries, harassment, or other battery that causes humiliation or mental trauma in the injured party. In the context of lawsuits against business partners, emotional distress typically refers to emotional pain and mental suffering caused by the defendant. Suing a business partner for emotional distress, or any other tort, requires proving two key points: first, that the defendant committed a negligent act, and second, that the injury the victim sustained was a result of the negligent act – in other words, that the defendant’s actions were the proximate cause of the plaintiff’s injuries. Emotional distress as a legal term is recognized by the American Heritage Dictionary as the "mental anguish associated with a number of conditions including fright, apprehension, embarrassment, anger, concern, worry, insecurity, anxiety, and psychological trauma." To be considered tortious or actionable legally, emotional distress must "cause severe or debilitating emotional harm," which is typically proven through medical diagnosis. The distinction between "garden-variety" emotional distress and debilitating emotional distress is a critical one, as "garden-variety" emotional distress is not recognized as an injury autonomously actionable in tort . This means that, as a plaintiff, you cannot file a lawsuit for emotional distress without first having an accompanying physical injury, such as medical expenses or pain and suffering costs. Despite this recognition in law, establishing quantifiable points of damages for emotional distress in civil actions has proven to be more difficult, due to ambiguities regarding what is considered sufficient proof. In some instances, plaintiffs suing doctors have created case law by collecting damages for mental injury in the context of medical malpractice suits. In such cases, plaintiffs can prove that the plaintiff sustained certain identifiable emotional scars and included them amongst those that were intended to be collected for the medical malpractice suit. In some instances, plaintiffs have been able to collect damages in conjunction with a suit for consequential torts, such as fraud and negligent misrepresentation, but these cases have often had difficulty reconciling how emotional distress damages should be calculated when compared to the quantifiable losses the plaintiff has suffered. This is why it is important to work with an experienced attorney if you’re thinking about suing a business partner for emotional distress. Many factors are used to calculate emotional distress, including the severity of the emotional distress as well as the length of time these symptoms lasted, and each factor should be given careful thought and consideration by someone who has handled these types of cases before.
Reasons to Sue a Business Partner
Grounds for Suing a Business Partner for Emotional Distress
Depending on the context of the relationship and the circumstances, a partner may be able to bring tort claims against their business owner or shareholder co-partner. If you are pursuing this type of issue, it is best to consult with an attorney experienced in helping those who have been harmed by the actions of their former business partners. When it comes to bringing claims for emotional distress against a partner, these types of tort claims usually require extreme or outrageous behavior under the following tort claim theories:
Intentional Infliction of Emotional Distress (IIED)
The claim of intentional infliction of emotional distress must be supported by the following elements:
The defendant’s conduct was outrageous or intolerable;
Defendant intended that his or her act inflict emotional distress or knew that there was a substantial probability that his or her conduct would cause plaintiff to suffer severe emotion distress; and
Plaintiff suffered severe emotional distress.
Examples include acts related to blackmail, extortion, threat or promise of violence, stalking, trickery, fraud, coercion, intimidation, and invasion of privacy.
Negligent Infliction of Emotional Distress (NIED)
The claim of negligent infliction of emotional distress includes these elements:
"Close" or "direct" plaintiff- defendant relationship;
Defendant must have been negligent in some way; and
Plaintiff must suffer heightened emotional distress as a result of heinous conduct of defendant.
What to Prove to Succeed
Suing a partner in a business for emotional distress generally requires the same evidence that is required to prove emotional distress claims generally. Emotional distress actions can be difficult to prove, but if you are able to demonstrate that your partner endangered your physical health or that he or she intentionally or negligently engaged in outrageous conduct, you may be able to successfully make your claim.
Proof of emotional distress is typically established through a combination of medical documentation, witness statements (from friends, family, co-workers, etc.) and sometimes a professional evaluation conducted by a qualified expert. It is helpful for a plaintiff to keep a journal with a written record of incidents he or she finds distressing, though this is not essential to the case. Medical documentation is typically the most important of these pieces of evidence. A medical professional’s diagnosis or examination notes will go a long way toward establishing emotional distress and your need for medical treatment.
Obstacles and Hurdles in the Way of Suing for Emotional Distress
There are some potential challenges you might encounter in pursuing such a lawsuit for personal distress. You will need to prove that the defendant either intentionally or negligently (or even recklessly) inflicted emotional stress on you. This can be difficult.
Furthermore, as the victim, you must establish that the defendant’s behavior was "extreme and outrageous." In the context of your case, the threshold may be a relevant behavior potentially including fraud, physical harm, or bullying. Bulletin-board and social media defamation cases can be difficult to prove as well.
The accused can deny that their action(s) were extreme and outrageous, arguing instead that they are typically allowable under the law. If the judge does not agree that the behavior meets the proper definition, they may dismiss the case.
Even if the action(s) are extreme and outrageous, an individual may be able to defeat an intentional infliction of emotional distress lawsuit by proving that their conduct was justified.
Finally, one of the biggest challenges in such a lawsuit is proving that the emotional distress you were caused was "severe enough" to warrant a recovery. You will need medical evidence for this, and you may also need counseling records, physician reports, or a psychiatrist/psychologist report.
As you can see, suing a business partner for emotional distress is not easy.
Alternative Solutions to Litigation
One of the ways in which a business partner’s emotional distress from business activities may be resolved is through alternative conflict resolution methods. In fact, the law views these methods as preferable before jumping to a lawsuit, or even a lawsuit’s alternative so-to-speak, mediation. Examples of these types of alternative conflict resolution methods are arbitration. Arbitration is a procedure that parties can use to try to resolve their differences before having to litigate in front of a court. It is a more formal procedure, which someone (the arbitrator) listens to each party’s objections, desires, evidence, etc., and for better, or for worse (sometimes, this process is totally abused), can enforce a resolution. However, while parties can request a jury trial in arbitration, that right is not guaranteed. While a party’s case might be heard by a third party (the arbitrator), they wouldn’t be prepared to appeal the decision in most cases. In addition , other examples include mediations, in which a mediator serves as a neutral party and, in theory, assists the parties in compromising on an agreement. Mediation, however, is just this — a compromise, not really a solution to the problem(s) (though, it may seem like it is at the time of the agreement or settlement). Because it is a compromise, it doesn’t necessarily put a stop to the activities giving rise to (or which could give rise to) the dispute). Mediation is often a precursor to litigation (i.e., a settlement process) that parties engage in prior to actual litigation. In fact, if they don’t, they may face sanctions by the court for not attempting mediation first. There are also other methods such as direct negotiation, collaborative and other forms of conflict resolution. Of course, sometimes, none of these methods work, and the only way to resolve the dispute is through litigation as there is no common ground between the parties — hence, why you may be here.
When to Hire a Lawyer
It is important to consult with a lawyer when faced with the possibility of suing a business partner for emotional distress. A lawyer will be able to assess whether you have a viable case and to help you navigate the complex legal process. If you are considering suing your business partner for emotional distress, consider meeting with a lawyer as soon as possible. They can give you an accurate assessment of the factual circumstances you have and what legal grounds you may have to bring an action as to your business partner. Time is often of the essence in any lawsuit. Some lawsuits require that a lawsuit be filed within two years or else the right to bring the suit will expire.
Conclusion and Further Reading
To recap, it is possible to sue a business partner for emotional distress. The threshold issue is whether the conduct of the partner could have potentially caused severe mental distress in you, regardless of whether it actually did. In addition, it is important to note that damages in cases of intentional infliction do not have to be clear. Some factors the court looks at when awarding damages for infliction is the age and state of mind of the plaintiff, the relationship between the parties, evidence that the defendant had knowledge of the plaintiff’s mental state and evidence of outrageous conduct by the defendant. A plaintiff in this case can either file a joint complaint with the original suit or a separate complaint. Three years is the statute of limitations for filing such a claim.
There are pros and cons of suing a partner or other business associate for intentional infliction of emotional distress. First, it can strain relationships within a company, sometimes to the point of a complete rift. This can cause lack of productivity, inhibiting the overall growth and success of the business. Second, it can be particularly expensive whether you win or not, especially if you file a separate claim against the defendant . That said, it is extremely important to pursue justice and protect your emotional well-being by standing up to workplace bullies and manipulators. If you have been harmed or defrauded by a partner at your company – or anywhere else – and have suffered mental and physical distress as a result, then it might be worth looking into filing a claim for damages.
In conclusion, suing your partner for infliction of emotional distress is possible. It is both intentional and negligent. A third-party can also be liable for emotional distress under certain circumstances, including when the intended harm was not inflicted directly on the victim but rather by a third-party. All claims must be filed within 3 years of the intentional act and evidence must be demonstrated primarily through a combination of written documentation and eyewitness testimony. This last element is arguably the most important, as it is difficult to prove that the defendant knew of your mental state or that their actions or words were outrageous in the first place without outside evidence. Having good records when dealing with abusive partners will go a long way in a courtroom as well. Lastly, conclusively proving intentional infliction of emotional distress is not only difficult, it requires outside support to find success.