What I want to know is two things, does Michigan law reward for intentional infliction of emotional distress (IIED) in defamation lawsuits, and can you seek IIED in other miscellaneous lawsuits?
Personal Injury Lawyer
The elements of a claim for intentional infliction of emotional distress are “(1) extreme
and outrageous conduct, (2) intent or recklessness, (3) causation, and (4) severe emotional
distress.” The conduct complained of has to be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized community. Good luck to you.
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Ethics / Professional Responsibility Lawyer
The short answer is yes, Michigan does allow you to seek IIED under certain circumstances. In Michigan, the elements of the tort of intentional infliction of emotional distress are
(1) extreme and outrageous conduct
(2) intent or recklessness
(4) severe emotional distress
Whether you can recover such damages in any particular case depends on many factors, particularly the underlying facts of whether you can prove the above distress occurred.
While neither I nor my firm can offer any specific legal advice or undertake any legal representation via Avvo, I strongly urge you to promptly seek a legal consultation with an attorney.
In Michigan, Intentional Infliction of Emotional Distress (IIED) generally requires the following elements (1) extreme and outrageous conduct (2) intent or recklessness (3) that the conduct caused emotional distress and (4) the emotional distress was severe.
Generally, a person or entity would only be liable for IIED where the conduct complained of has been so outrageous and so extreme that it goes beyond all possible bounds of decency and is regarded as atrocious and utterly intolerable.
There are even more stringent requirements against individuals who are considered public figures. But it is important for you to contact an attorney to determine whether or not you may have an actionable case.