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Emotional Distress Claims

·

By

ACL

The short answer

Intentional infliction of emotional distress requires extreme and outrageous conduct that causes severe distress. Negligent infliction claims are more limited. Emotional distress damages are rarely available in business or contract disputes.

Where it fits in your case

Usually in disputes involving individuals, harassment, or personal injury.

What to expect

  • Outrageous conduct must go beyond all bounds of decency; insults and hard business tactics usually do not qualify.

  • Severity of the distress must be proven.

  • Businesses cannot suffer emotional distress.

  • Contract claims generally do not allow emotional distress damages.

What we need from you

A clear account of the conduct and its effects, plus any medical or counseling records you choose to share.

Common misconceptions

  • “Stress from the dispute is compensable.” Litigation stress usually is not.

  • “Rudeness is enough.” The bar is very high.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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