Michael D. Kelly, ESQ 
Emotional damage is no less real than a physical injury, and the state laws of Massachusetts treat it as such. Whether someone humiliates you publicly, threatens you, or causes a frightening near-miss accident, you can file a civil intentional infliction of emotional distress (IIED) claim and hold the at-fault party accountable.
Intentional emotional harm is recognized as a high-bar tort in the state of Massachusetts because it means that the person responsible acted extremely recklessly and outrageously. Today, we’ll explain which cases can turn into successful claims, what evidence you may need, and how Michael Kelly Injury Lawyers can help you.
Emotional Distress in Massachusetts Law: Intentional vs Negligent Claims
Sometimes, other people’s actions can cause serious emotional distress and psychological suffering. Most victims, unknowingly, try to handle such instances on their own instead of taking proper legal action against the potential abuser.
In Massachusetts, emotional distress is compensable. There are two paths to take:
- Intentional infliction of emotional distress (IIED)
- Negligent infliction of emotional distress (NIED)
IIED applies when someone deliberately behaves shockingly, cruelly, or abusively toward you. For instance, an employer who publicly humiliates or threatens an employee, a neighbor who aggressively harasses a family, or a hit-and-run driver who flees the scene of an accident can potentially be liable parties.
At the same time, negligent infliction of emotional distress in Massachusetts means that a person didn’t mean to cause any harm to another, but their carelessness led to an unfavorable outcome. For example, a distracted driver collides with you, or medical staff deliver the wrong news. Such behavior can’t be labelled as intentional, yet it leaves a serious psychological impact on the victim.
Both IIED and NIED are classified as non-economic damages under the state law. This means you can receive a fair reimbursement for your distress, but proving and calculating it is not simple.
Intentional Infliction of Emotional Distress in Massachusetts: Legal Standard
Most courts across the state recognize cases where another person’s extreme and intentional actions cause another severe emotional distress. The Debra Agis claim filed in 1976 served as the foundation that ensured that the state legislation recognized the issue. It also outlined the four legal pillars an IIED claim has to meet for a plaintiff to recover a settlement:
1. Intent or Reckless Disregard
If a person is fully aware of what their actions can lead to but continues to abuse another emotionally, their behavior is intentional. Imagine a doctor mocking a woman after she suffers a miscarriage. Especially because the doctor is aware of the already present emotional distress, this can be considered reckless disregard.
2. Extreme and Outrageous Conduct
Rudeness and insults aimed at you may not qualify someone as an emotional abuser. If you want to file an emotional distress claim, you need to prove that such behavior is shocking and unacceptable. One example could be a landlord who continuously threatens to evict you, screaming that he will “throw you out on the street,” cuts off heat in the middle of winter, and tells others in the building that you are a “deadbeat” to shame you into leaving, even though you pay rent on time.
3. Causation
There must be a direct cause-and-effect connection for a winning case. This means you have to prove that someone’s actions have led to emotional distress. A possible example is a neighbor, motivated by racial or religious animus, who over several months shouts slurs whenever the family next door enters or leaves their home, writes threatening notes, or damages their property. The targeted family lives in constant fear, children won’t sleep alone, and parents seek protection orders due to this behavior, showing causation.
Get a Free Case Evaluation
4. Severity of Emotional Distress
A minute embarrassment does not count as emotional distress worth a civil claim. The psychological damage must be serious enough to affect your day-to-day life, resulting in depression, anxiety, nightmares, loss of joy in life, and other mental distress.
IIED cases are quite rare in Massachusetts, primarily because they are extremely difficult to prove. But, unlike with NIED, the victim does not need to show any physical symptoms to prove intentional emotional suffering.
Proving Emotional Distress in Massachusetts Courts
Just like any other legal case, a plaintiff needs evidence to prove the credibility of their claim. Whether you are filing an intentional or negligent emotional distress claim, you may need to provide the following proof:
-
Mental-health treatment records
If you’ve sought mental or medical help because of your suffering, you need documents that confirm that your condition is real.
-
Expert testimony
A mental health specialist isn’t allowed to share personal notes, but they can outline how the condition impacted your everyday life.
-
Documented symptoms
If you keep a record of your post-accident symptoms and their effect on you, you can use the journal as evidence.
-
Work records
Whether you missed days off work because of mental distress or your performance has declined, you can add timesheets and HR notes to the case.
-
Digital evidence
You must prove actual abuse or harassment. Text messages, photos, and emails will confirm the reason behind emotional distress.
-
Eyewitness testimony
If someone saw or heard the distressing situations, ask for their contact details, permission to record their statement, or whether they’re willing to testify on your behalf.
The list above proves that most of the burden when it comes to evidence lies on the victim. However, if you work with an experienced lawyer, they can help you handle this process and all the important evidence.
When to Talk to a Lawyer About IIED?
Sometimes it can be challenging to tell if what’s happening to you is direct and intentional emotional abuse. That is why you should call an attorney as soon as you start to think that anyone steps over the line or acts extremely outrageously or recklessly, which has a negative impact on your mental health.
Don’t worry about instant personal injury lawyer fees. Many law firms, like Michael Kelly Injury Lawyers, work on a contingency fee basis and offer free case evaluations. An attorney will evaluate the facts, tell you if you have the case, and guide you through it.
