Personal Injury – (248) 588-3333 – Emotional harm
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Can you sue someone for emotional injuries?
Yes, you can. Michigan allows lawsuits for intentional infliction of emotional harm. However, in order to succeed, the emotional distress must be severe and must have been caused by “extreme or outrageous” conduct. Outrageous conduct is defined as behavior which violates all reasonable standards of decency. Less offensive behavior might also qualify if it is done repeatedly or done against children or other vulnerable individuals.
Despite using the word “intentional”, the injury does not always have to be intentionally inflicted. The lawsuit can also succeed if the defendant recklessly disregarded the effect of their conduct on the plaintiff.
Just proving outrageous conduct is not enough. Emotional injuries are the only form of intentional injury where the plaintiff must prove actual damages. While most states have moved away from requiring actual physical symptoms from the emotional distress, some form of damage is required. That being said, the more outrageous the conduct, the less proof of damage will be necessary.
Defenses to lawsuits for emotional damages
Assuming that the act which caused the injury was voluntary, you would simply see if any of the standard defenses to intentional injury lawsuits us applicable to emotional harm:
- Consent: If the plaintiff consented to the act which caused the emotional harm
- A teacher disciplining a student: A teacher is typically shielded from liability in the context of student discipline so long as their actions are reasonable.
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