Sliding scale on proof
The less extreme the outrage, the more appropriate it is to require evidence of physical injury or illness from the emotional distress. Where the outrage is extreme damages are almost a given. Insults, indignities, threats, annoyances, petty oppressions, or other trivialities. Are not enough to generate Liability for emotional distress. liability is only found in extreme cases where the actions of the defendant go beyond all possible bounds of decency, are atrocious and utterly intolerable." In Nevada real damage must also be shown, it is not enough to say I am upset.
General factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty. For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time, The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard.
The emotional distress suffered by the plaintiffs must be "severe." This standard is quantified by the intensity, duration, and any physical manifestations of the distress. A lack of productivity or a mental disorder, documented by a mental health professional, is typically required here. Most insurance liability policies provide for coverage of negligently inflicted injuries but exclude coverage of intentionally inflicted injuries. If a victim is intentionally injured by a person, many theorists perceive that the victim will tend to recast the claim as being one for negligence in order to fall within the coverage of the insurance policy. In contradistinction to Nevada the law in some state is The emotional distress for which monetary damages may be recovered, however, ought not to be that form of acute emotional distress or the transient emotional reaction to the occasional gruesome or horrible incident to which every person may potentially be exposed too.
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