The Law Office Of David W. HolubThe Law Office Of David W. Holub

The Law Office Of David W. HolubThe Law Office Of David W. Holub

Intentional Infliction of Emotional Distress

Hi. I’m Indiana, personal injury attorney David Holub.

In this video, we address the subject of intentional infliction of emotional distress.

In an earlier video, we discussed negligent infliction of emotional distress and this video deals with intentional infliction of emotional distress.

And, yes, in Indiana, you can sue if you suffer from the infliction of intentional emotional distress.

Here are the facts of a key case that occurred in nineteen ninety-one, which made clear that you could sue for intentional infliction of emotional distress.

In that case, a young man spoke with a sixteen-year-old girl, and not too much later, members of the girl’s family came to the young man’s home.

They made scurrilous accusations against him, and one of them was carrying a gun.

The young man became very depressed, and anxious, couldn’t sleep, and sought psychological counseling.

You might imagine it’s like one of the old-time Western movies where a father comes in with a shotgun and says, you know, you’re gonna have a shotgun wedding because you were with my daughter.

In any case, you can sue for intentional, extreme, outrageous, and reckless conduct that causes severe emotional stress.

Now, something to keep in mind, even though you can sue for intentional infliction of emotional distress, you might not be able to collect if you get a judgment because people generally cannot insure themselves for liability for intentional conduct.

So it’s possible, I suppose, if the conduct is described as reckless as opposed to intentional that you may be able to sue, may be able to collect from insurance, but most of the time you won’t even be able to collect from an insurance carrier, even if you can successfully make a lawsuit.

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At Personal Injury Primer, you can subscribe to our podcast, which is a weekly podcast, and each episode is two to three minutes but it gives you information similar to what we’re giving you in these videos.