Intentional Infliction of Emotional Distress (IIED) Calculator
Understanding Intentional Infliction of Emotional Distress
Intentional Infliction of Emotional Distress (IIED), also known as the tort of outrage, protects individuals from extreme and outrageous conduct that intentionally or recklessly causes severe emotional distress. This standalone tort fills gaps where other causes of action don't apply—it doesn't require physical contact (unlike assault/battery), doesn't require false statements (unlike defamation), and doesn't require property invasion (unlike trespass). IIED recognizes that psychological harm can be as devastating as physical injury and deserves legal remedy.
The elements of IIED create a high bar for liability: (1) the defendant's conduct must be extreme and outrageous, going beyond all bounds of decency; (2) the defendant must have intended to cause emotional distress or acted with reckless disregard; (3) the plaintiff must have suffered severe emotional distress; and (4) the defendant's conduct must have caused the distress. Courts describe the required conduct as behavior "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." Mere insults, indignities, or threats don't suffice—the conduct must be truly egregious.
Calculating IIED Damages
IIED damages encompass both economic and non-economic losses. Economic damages include therapy costs, psychiatric treatment, medication expenses, lost wages from inability to work, and costs to mitigate the distress. Many IIED plaintiffs require extensive counseling, ranging from short-term cognitive behavioral therapy to years of psychiatric care for conditions like PTSD, severe anxiety, or depression. These quantifiable costs form the foundation of the damages calculation.
Non-economic damages compensate for the severe emotional distress itself—anxiety, humiliation, loss of sleep, fear, anguish, and diminished quality of life. Unlike general emotional distress damages in other torts, IIED requires proof of severe distress, often demonstrated through medical evidence, expert testimony, and documentation of how the distress impaired the plaintiff's daily functioning. The severity multiplier typically ranges from 2 to 5 times economic damages, with higher multipliers for cases involving particularly outrageous conduct, vulnerable plaintiffs, sustained campaigns of harassment, or lasting psychological injury.
Factors Affecting Settlement Value
The outrageousness of the defendant's conduct is paramount. Courts have found IIED liability for debt collectors threatening to have plaintiffs arrested or their children taken away, landlords refusing to fix sewage problems while taunting tenants, funeral homes mishandling remains, employers conducting abusive terminations in humiliating circumstances, and perpetrators of revenge porn. The more extreme the conduct, the higher the damages.
Plaintiff vulnerability enhances damages. Targeting elderly persons, children, pregnant women, disabled individuals, or those in vulnerable positions (employees, patients, tenants) aggravates the tort and increases compensation. Power imbalances matter—employer-to-employee, doctor-to-patient, and landlord-to-tenant dynamics can amplify the outrage factor. Duration also counts; single incidents may qualify if sufficiently extreme, but sustained campaigns of harassment warrant significantly higher damages.
Defendant intent drives punitive damages. Intentional conduct designed to cause distress invites punitive awards, while reckless conduct receives less severe punishment. Punitive damages in IIED cases can range from equal to compensatory damages up to 5-10 times compensatory awards in cases of malicious conduct. Jurisdictions vary in whether they require physical manifestation of distress—some demand objective evidence like physical illness, while others accept severe emotional symptoms alone.
| Conduct Category | Typical Range | High-Value Cases |
|---|---|---|
| Workplace Harassment/Termination | $25,000 - $100,000 | $150,000 - $500,000+ |
| Sexual Harassment/Exploitation | $50,000 - $200,000 | $250,000 - $750,000+ |
| Landlord-Tenant Abuse | $15,000 - $75,000 | $100,000 - $300,000+ |
| Debt Collection Abuse | $10,000 - $50,000 | $75,000 - $200,000+ |
| Funeral Home Misconduct | $25,000 - $150,000 | $200,000 - $600,000+ |
| Revenge Porn/Cyber Abuse | $30,000 - $125,000 | $175,000 - $500,000+ |
State Variations and Limitations
State law significantly impacts IIED claims. Some states require physical manifestation of distress—documented illness, physical symptoms, or medical treatment. Others accept severe emotional symptoms without physical manifestation. Statute of limitations varies from 1-3 years, with most states applying a 2-year limit from when the distress occurred or when the plaintiff discovered its cause.
Damages caps in some jurisdictions limit non-economic damages. Texas, for instance, caps non-economic damages in some IIED cases. California's damages caps for personal injury may apply depending on the factual scenario. Understanding jurisdiction-specific rules is essential for accurate damage calculations. Employers may raise workers' compensation exclusivity defenses, arguing that workplace IIED falls under workers' compensation instead of tort law, though exceptions exist for intentional torts.
Proving Severe Emotional Distress
IIED claims require substantial evidence of severe distress. Medical records, psychiatric evaluations, therapy notes, and expert testimony establish the severity and causal connection to defendant's conduct. Plaintiffs should document symptoms including insomnia, panic attacks, depression diagnoses, PTSD diagnoses, medication prescriptions, and inability to perform daily activities. The more comprehensive the medical documentation, the stronger the claim and the higher the potential damages.
Expert witnesses, typically psychiatrists or psychologists, testify about the nature and severity of distress, the causation between defendant's conduct and plaintiff's symptoms, the prognosis for recovery, and the need for ongoing treatment. These experts help juries understand complex psychological injuries and quantify appropriate compensation. Without solid medical evidence, IIED claims often fail or receive minimal damages.
Estimated IIED Damages
Frequently Asked Questions
What makes conduct "extreme and outrageous" for IIED?
Conduct must go beyond all bounds of decency and be utterly intolerable in a civilized society. Courts consider factors including abuse of power, targeting vulnerable individuals, sustained harassment campaigns, conduct shocking to community standards, and actions designed specifically to cause severe distress. Mere insults, rudeness, or single offensive comments typically don't qualify. Examples include funeral homes displaying loved ones' remains inappropriately, landlords intentionally maintaining sewage problems while taunting tenants, debt collectors threatening false arrest, employers conducting terminations in deliberately humiliating ways, or revenge porn distribution.
Do I need physical symptoms to prove IIED?
Requirements vary by state. Some jurisdictions require physical manifestation of distress—illness, physical symptoms, or medical treatment. Others accept severe emotional symptoms without physical manifestation, especially when supported by psychiatric diagnosis and expert testimony. Even in states not requiring physical symptoms, having documented physical manifestations (insomnia, weight loss, physical illness, panic attacks) strengthens claims and increases damages. Medical documentation is crucial regardless of jurisdiction.
How does IIED differ from negligent infliction of emotional distress?
IIED requires intentional or reckless conduct, while negligent infliction requires only negligent conduct. IIED demands extreme and outrageous behavior, while negligent infliction may involve less egregious conduct. IIED typically results in higher damages because of the intentional nature and the punitive damages available. Some states have different evidentiary requirements—negligent infliction more frequently requires physical manifestation or zone of danger presence. IIED's high bar for "outrageous" conduct means fewer claims succeed, but successful claims receive substantial compensation.
Can I sue my employer for IIED?
Yes, but workers' compensation exclusivity may limit remedies. Most states allow IIED claims against employers if conduct falls outside normal employment activities or constitutes an intentional tort. Examples include sexual harassment, deliberate humiliation during termination, or conduct meant to cause emotional harm. Workers' compensation typically doesn't cover intentional torts. Some states require exhausting administrative remedies (EEOC complaints) before filing tort claims. Consult employment law counsel to navigate the intersection of employment law and IIED claims.
What evidence do I need to prove severe emotional distress?
Strong IIED claims include: (1) medical records documenting psychiatric diagnoses, treatment, and medications; (2) therapy notes showing frequency and nature of treatment; (3) expert witness testimony from psychiatrists or psychologists; (4) testimony from friends and family about changes in behavior; (5) documentation of inability to perform daily activities; (6) evidence of physical symptoms (insomnia, panic attacks, illness); and (7) a clear timeline connecting defendant's conduct to symptom onset. The more comprehensive the documentation, the stronger the claim and higher the potential damages.
Are there damages caps for IIED claims?
Some states cap non-economic damages in personal injury cases, which may apply to IIED. Texas caps exemplary (punitive) damages at the greater of $200,000 or 2× economic damages plus up to $750,000 non-economic damages. California has no general cap on IIED damages, though medical malpractice IIED claims may face MICRA caps. Many states cap punitive damages at ratios to compensatory damages (commonly 3:1 to 5:1). Understanding your jurisdiction's specific caps is essential for accurate damage assessment. Consult local counsel for state-specific limitations.
Legal Disclaimer: This calculator provides estimates only and does not constitute legal advice. Actual IIED damages depend on jurisdiction-specific laws, case precedent, jury determinations, and specific facts. Damages caps, statute of limitations, and procedural requirements vary by state. Consult a qualified attorney in your jurisdiction for evaluation of your specific claim. IIED claims have high evidentiary burdens and require substantial proof of outrageous conduct and severe distress.