Can You Sue for Intentional Infliction of Emotional Damages?
Illinois recognizes a cause of action for “intentional infliction of emotional distress.” To prove so, someone must engage in “extreme and outrageous” conduct that is “beyond all possible bounds of human decency” either intending to cause you emotional distress or knowing that such actions would cause you such emotional distress. You must also prove that you did in fact suffer from emotional distress as a result of that person’s actions.
Some examples of “extreme and outrageous” conduct in Illinois include: marital domestic violence, hiring a hit-man to commit murder, a news organization entering a hospital room to take photographs of a mother’s dying son, purposeful abuse by employer of employee in retaliation for the employee reporting employer’s illegal behavior, purposefully and maliciously cremating a decedent’s body against the wishes of family members, repeated and prolonged harassment at someone’s home over a long period of time and in front of family and neighbors.
Courts also consider other factors in the context of the perpetrators behavior such as if their behavior is over a long period of time, or if the perpetrator is in a position of authority or power over the victim and abuses that authority (such as a boss abusing an employee or a teacher abusing a student). Consult an attorney if you think someone has intentionally caused you emotional harm.