Did someone cross the line and leave you dealing with serious emotional fallout? Maybe they humiliated you in public, targeted you during a vulnerable time, or acted so outrageously that it left a lasting impact on your mental health. If the harm feels too serious to ignore, you could have a claim for intentional infliction of emotional distress.
The lawyers at Lesser, Landy, Smith & Siegel, PLLC, handle intentional infliction of emotional distress cases with care and focus. We know how Florida courts decide IIED claims and what kind of proof you need to move forward. We can review your situation, explain your options, and help you move forward with confidence.
Contact us today at (561) 655-2028 to arrange your free consultation and get straight answers from a team that will take your experience seriously.
What Is Intentional Infliction of Emotional Distress (IIED)?
Intentional infliction of emotional distress, or IIED, is a type of tort (harmful act or omission) that can lead to a lawsuit in Florida. It happens when someone behaves in a shocking or disturbing way that causes another person to suffer serious emotional injury.
IIED claims do not cover ordinary rudeness, arguments, or mean comments. They arise in cases of extreme behavior that causes deep and long-lasting emotional harm.
Florida courts follow strict rules when deciding whether someone’s behavior rises to the level of intentional infliction of emotional distress. Florida law holds that the person who caused the harm is only liable if they acted on purpose or in a reckless way. People who experience intentionally inflicted emotional distress have the right to bring claims and ask for money to make up for what they went through.
Elements of IIED in Florida
Florida courts will not award compensation for IIED just for hurt feelings or rude behavior. The person who caused you harm has to have acted in an extreme way that goes far beyond being mean or disrespectful. The behavior has to have been shocking and aimed at causing deep emotional pain. The courts will look for the following specific elements to decide whether you have a valid case for IIED:
- The other person acted either on purpose or with total disregard for the risk of causing emotional harm. The person meant to cause you serious emotional pain or knew that their behavior would probably cause that kind of harm.
- The behavior was extreme and outrageous. The other party’s actions went beyond the limits of what most people would consider acceptable. Florida courts use a high standard here. The behavior was truly shocking, not just rude, reckless, or mean.
- The behavior directly caused you emotional distress. You have to show that your emotional suffering was a direct result of the person’s harmful behavior. There has to be a clear link between what the other person did and how you felt afterward.
- The emotional distress was serious. Your distress is so bad that no one could reasonably be expected to handle it without help. Sadness, embarrassment, or anger usually aren’t enough. Courts will look for signs like panic attacks, physical symptoms, or lasting mental health issues.
All of the above elements have to be in place for your IIED claim to be successful. If even one element is missing, the court will likely dismiss your case.
What Counts as “Extreme and Outrageous” Conduct?
Not all bad behavior qualifies as extreme and outrageous. In Florida, courts use a strict standard when deciding whether someone’s conduct meets this part of the test. The behavior has to be so shocking that most people would say it goes far beyond what anyone should have to tolerate.
Courts will reject claims based on ordinary teasing, insults, or unfair treatment. Even yelling or threats may not meet the standard. However, if someone targets a vulnerable person or acts in a cruel and public way, the court may see that as outrageous.
The context is also important. A judge may treat harmful behavior from a boss or caretaker more seriously than similar behavior from a stranger. Every case depends on the facts.
How Severe Must Emotional Distress Be for an IIED Claim?
Florida courts expect clear signs of serious emotional distress for IIED claims. You have to show more than sadness, embarrassment, or frustration. You will need to explain how the behavior affected your mental health in a real and lasting way and that the distress was so intense that a typical person could not manage it without help.
Medical records, therapy notes, or witness statements can support IIED claims. Evidence of things like long-term anxiety, panic attacks, or other serious symptoms can help you prove the distress was severe. If the emotional harm only lasted a short time or didn’t interfere with your daily life, a court will likely reject your claim. The more detailed the proof, the stronger the case.
Can You Bring an IIED Claim Without Physical Injury in Florida?
Yes, you can bring an IIED claim in Florida without showing a related physical injury. However, proof of physical symptoms like weight loss, sleep problems, or headaches can help you demonstrate that your emotional distress was real and severe.
Some courts view physical symptoms as strong evidence that the emotional harm meets the required standard. Still, you could succeed without them if the behavior was extreme enough and the emotional impact was clearly severe. You have to show that the distress affected your life in a major way. Medical records, therapist notes, and witness statements can all strengthen your case.
IIED Cases Involving Third Parties
Some IIED cases entail emotional harm to someone who wasn’t the direct target of the bad behavior. Florida courts may allow claims like this in limited situations. The person who brings the claim usually has to show that the extreme conduct was aimed at someone close to them—for example, an immediate family member. They also have to prove they were present when the conduct happened.
For example, a parent who sees someone abuse their child in a shocking way could have a valid IIED claim. However, if they were not present or not closely related to the victim, the court will likely reject their IIED claim.
Damages for Intentional Infliction of Emotional Distress in Florida
If you can prove an IIED claim in Florida, the court may award damages (money) to address the emotional harm you suffered. You could ask for damages for things like panic attacks, depression, or other serious mental health effects you experienced because of the other person’s conduct. The court may consider physical problems as well—for example, sleep loss or headaches.
You could also receive money for the costs of counseling, medications, or other treatment you needed because of the distress. In rare cases, the court may order the wrongdoer to pay extra money in the form of punitive damages if their behavior was especially harmful. IIED cases are difficult to win, but an attorney can help you gather and present strong evidence to support your request for damages.
How Long Do You Have to Bring an IIED Claim in Florida?
In Florida, you have four years to bring claims for intentional torts, including intentional infliction of emotional distress claims. The filing window usually starts on the date the extreme behavior happened.
If you wait too long to bring your claim, the court will likely refuse to hear it, regardless of how strong the evidence is. A lawyer can review the timeline of your case and help you avoid missing any deadlines. Acting fast means you and your attorney have a better chance of building a strong case.
How a Florida Intentional Infliction of Emotional Distress Lawyer Can Help
Intentional infliction of emotional distress (IIED) claims aren’t easy to prove. Courts won’t allow you to sue just because someone upset you or behaved unkindly. The rules are strict, and judges sometimes dismiss claims before they even reach a jury. An experienced lawyer will know what local courts tend to allow or reject and what kind of evidence can make your case stronger. An attorney who regularly handles IIED cases can help you by:
- Reviewing your situation and explaining whether the law might support your claim
- Gathering police reports, medical records, or written evidence to support your version of events
- Interviewing witnesses who saw the other person’s behavior or changes in your mental health
- Analyzing whether the other person’s actions meet the strict definition of “outrageous”
- Identifying proof that your emotional distress was severe and not just temporary frustration
- Finding expert witnesses, like therapists or psychologists, to describe your emotional injuries
- Filing your claim on time so you don’t miss Florida’s four-year deadline
- Defending your claim in court if the other side asks the judge to dismiss it
- Responding to arguments raised by the other side that try to weaken or reject your case
- Negotiating with the other side to try to reach a fair settlement before trial
- Preparing you for court if your case goes in front of a jury
Contact a Personal Injury Attorney Now
If someone’s actions caused you serious emotional harm, the team at Lesser, Landy, Smith & Siegel, PLLC, can walk you through your options. Contact our Florida personal injury lawyers now at (561) 655-2028 to get started with your free consultation. Our team will listen, answer your questions, and give you clear guidance with no pressure or false promises.
