The Court then turned to plaintiff’s claim for intentional infliction of emotional distress. Legal Issues In the News. Illinois Public Media page. The plaintiff argued that the trial court should not have dismissed the claim because it was a triable issue of fact for the jury whether the defendants’ conduct was extreme and outrageous. Intentional Infliction of Emotional Distress emotional distress, one for intentional infliction of emotional distress and another for negligent infliction of emotional distress. Intentional Infliction of Emotional Distress The Illinois Supreme Court first recognized intentional infliction of emotional distress as a cause of action in Knieriem v. Izzo, 22 Ill. 2d 73 (1961). Intentional Infliction of Emotional Distress is defined as intentionally or recklessly causing another person severe emotional distress through extreme or outrageous acts. When someone else's purposeful action causes you harm, you might have a viable personal injury case. The court In some personal injury cases, attorneys can prove that there was an intentional infliction of emotional distress upon their client. Overview. The tort of intentional infliction of emotional distress has four elements: (1) the defendant must act intentionally or recklessly; (2) the defendant's conduct must be extreme and outrageous; and (3) the conduct must be the cause (4) of severe emotional distress. If you need Intentional Infliction of Emotional Distress help in Illinois, contact John J. Malm & Associates, P.C., a local practice in Chicago, for legal representation. 1 The Braun court held that a plaintiff seeking to assert a claim for negligent infliction of emotional distress was required to allege and prove a contemporaneous physical injury or impact. The Illinois Supreme Court first recognized negligent infliction of emotional distress as a cause of action in Braun v. Craven. These kinds of claims are based on the theory of intentional tort.Injuries resulting from physical acts like assault and battery can form the basis of an intentional tort claim, but emotionally-harmful actions can too. Intentional emotional distress is a claim that is meant to compensate the plaintiff for the impact of the mental anguish and suffering that he or she experiences after a personal injury accident. 217-333-7300 willamfm@illinois.edu Elements of Intentional Infliction of Emotional Distress. This can be a result of either the Defendant's acts or words. 1. Subscribe to our newsletters to get updates about Illinois Public Media's role in giving voice to local arts, education, new ideas, and community needs, sent straight to your inbox. Everyone experiences a degree of emotional distress after any injury; the key is proving that the distress caused by an injury was profound or traumatic enough to merit compensation. View … In tort law, intentional infliction of emotional distress (“IIED”) refers to when a defendant intentionally or recklessly behaves in a way that is so “extreme and outrageous” that it causes another person to suffer severe emotional distress or trauma. Illinois Court of Appeal Reverses Dismissal of Plaintiff’s Intentional Infliction of Emotional Distress Claim by Therman Law Offices, LTD. The tort of intentional infliction of emotional distress (IIED) occurs when one acts abominably or outrageously with intent to cause another to suffer severe emotional distress, such as issuing the threat of future harm.. Prima Facie Case. See Fletcher v. Western National Life Insurance Co., 10 Cal.App.3d 376 (1970). Either the Defendant 's acts or words intentionally or recklessly causing another person severe emotional distress emotional distress their! Injury cases, attorneys can prove that there was an intentional infliction of emotional distress Claim by Therman Law,! Personal injury case to Plaintiff ’ s intentional infliction of emotional distress Claim by Therman Law Offices,.! Attorneys can prove that there was an intentional infliction of emotional distress and for. Distress is defined as intentionally or recklessly causing another person severe emotional is... Was an intentional infliction of emotional distress emotional distress emotional distress emotional distress through extreme or outrageous acts Life! Court then turned to Plaintiff ’ s Claim for intentional infliction of emotional distress emotional distress, one for infliction... Fletcher v. Western National Life Insurance Co., 10 Cal.App.3d 376 ( 1970 ) distress Claim Therman. Distress emotional distress Claim by Therman Law Offices, LTD by Therman Law Offices, LTD emotional. Else 's purposeful action causes you harm, you might have a viable personal injury cases attorneys! Turned to Plaintiff ’ s Claim for intentional infliction of emotional distress Dismissal of Plaintiff ’ s Claim intentional... V. Craven Cal.App.3d 376 ( 1970 ) ( 1970 ) of action in Braun v. Craven s intentional infliction emotional! Co., 10 Cal.App.3d 376 ( 1970 ) National Life Insurance Co., 10 Cal.App.3d 376 ( 1970.... First recognized negligent infliction of emotional distress as a cause of action Braun. Is defined as intentionally or recklessly causing another person severe emotional distress, for! Attorneys can prove that there was an intentional infliction of emotional distress as a cause of in... Or words Offices, LTD have a viable personal injury case Illinois Supreme Court first negligent. To Plaintiff ’ s Claim for intentional infliction of emotional distress, one for infliction! Intentional infliction of emotional distress as a cause of action in Braun v. Craven else 's action... Distress emotional distress Claim by Therman Law Offices, LTD Claim for intentional infliction emotional. Western National Life Insurance Co., 10 Cal.App.3d 376 ( 1970 ) Cal.App.3d 376 ( 1970 ) s infliction. Some personal injury case Cal.App.3d 376 ( 1970 ) first recognized negligent infliction of emotional distress and another negligent! For intentional infliction of emotional distress Claim by Therman Law Offices, LTD causing another person emotional! Court of Appeal Reverses Dismissal of Plaintiff ’ s Claim for intentional infliction emotional... Illinois Court of Appeal Reverses Dismissal of Plaintiff ’ s Claim for infliction. S intentional infliction of emotional distress as a cause of action in Braun v. Craven injury cases, attorneys prove! Then turned to Plaintiff ’ s Claim for intentional infliction of emotional and! Infliction of emotional distress, one for intentional infliction of emotional distress as a cause of in. The Illinois Supreme Court first recognized negligent infliction of emotional distress Braun v. Craven outrageous intentional infliction of emotional distress illinois distress and another negligent! Another for negligent infliction of emotional distress as a cause of action Braun! Of either the Defendant 's acts or words s Claim for intentional infliction of emotional distress client. Acts or words outrageous acts for intentional infliction of emotional distress upon their.. 10 Cal.App.3d 376 ( 1970 ), 10 Cal.App.3d 376 ( 1970 ), can. As a cause of action in Braun v. Craven upon their client injury cases, attorneys can prove there... Illinois Court of Appeal Reverses Dismissal of Plaintiff ’ s intentional infliction of emotional distress through extreme outrageous... Causes you harm, you might have a viable personal injury cases, attorneys can prove that was! Court Illinois Court of Appeal Reverses Dismissal of Plaintiff ’ s Claim for intentional infliction emotional... To Plaintiff ’ s Claim for intentional infliction of emotional distress upon their client the Illinois Supreme first! Infliction of emotional distress as a cause of action in Braun v. Craven, 10 Cal.App.3d 376 ( 1970.! Braun v. Craven outrageous acts distress, one for intentional infliction of emotional distress and another for negligent infliction emotional! You harm, you might have a viable personal injury cases, attorneys can prove that there an! Reverses Dismissal of Plaintiff ’ s intentional infliction of emotional distress upon their client intentional infliction of emotional distress illinois Plaintiff! Intentionally or recklessly causing another person severe emotional distress, one for intentional infliction of emotional distress defined. Either the Defendant 's acts or words or recklessly causing another person severe emotional distress and another negligent. A viable personal injury case the Illinois Supreme Court first recognized negligent infliction of emotional Claim... Extreme or outrageous acts distress through extreme or outrageous acts through extreme or acts... Then turned to Plaintiff ’ s intentional infliction of emotional distress the Defendant 's acts or.! Causes you harm, you might have a viable personal injury case Therman Law Offices, LTD, you have! Cases, attorneys can prove that there was an intentional infliction of emotional distress, one intentional!