Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?

A: There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that establish the following elements: (1) that the conduct was intentional or reckless, (2) that the conduct was extreme and dangerous, (3) that there is a causal connection between the wrongful conduct and the emotional distress and (4) that the emotional distress is severe. Emotional distress claims are reportedly very difficult to plead, let alone successful pursue. I would strongly encourage you to speak with a qualified attorney before attempting to embark of pursuing such a claim on your own.

A: If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's a fill-in-the-blank form, but it is generic with a large space for setting forth the claim, which you can attach additional sheets to if needed. There is no form for particular causes of action like intentional infliction of emotional distress.

If you want to sue for more than $30,000, and believe you can support a larger damage claim, or if you want a jury trial, then you must file in the Circuit Court and demand more than $15,000, but it is sufficient to simply claim damages "in excess of $75,000" rather than name a larger specific sum. There are no pre-printed court forms in Circuit Court. You must type your "complaint for damages" from scratch. If you want a jury trial, you must file a separately signed request for a trial by jury together with your complaint in circuit court.

You name the defendant and identify their address for service of process. You must plead sufficient facts, including time and place of each act that you alege the defendant committed, sufficient to put the defendant on notice of the basis of your claims and when and where they occurred. You must also allege particular facts that would meet each "element" of the cause of action known as "intentional infliction of emotional distress." In Maryland, that tort reqires that you allege facts that, if proven, would establish the following:

(1) The conduct at issue was intentional or reckless;

(2) the conduct was extreme and outrageous;

(3) there is causal connection between the extreme and outrageous conduct and the resultant distress; and

(4) the emotional distress is severe.

You do not have to allege all evidence that you have, but it must be sufficient to support a finding that each listed element is met. Failure to do so could result in dismissal for failure to state a claim. Maryland's highest court has observed that an award of damages for this tort should be imposed sparingly and “reserved for those wounds that are truly severe and incapable of healing themselves." The severity of some emotional distress is obvious (attacked with a hammer and suffering grievous wounds; having your pet torn from your arms and thrown into traffic), but less obvious forms, like post truamatic stress disorder from being subjected to abuse, may require more details, and generally may be supported by a claim that you received professional psychiatric or psychological assessment, diagnosis and treatment.

It is rare to file a suit based solely on this particular tort. Oftentimes the conduct will meet the elements of other torts, such as assault or battery, for example, which is easier to prove. Each alleged tort is its own "cause of action" and is set forth in a separately numbered "count" in a "complaint" (Count 1, Count 2, etc.), and will often share the same set of facts, so they are often preceded in the complaint with a secton labeled "factual allegations common to all counts." A plaintiff is entitled to only one recovery, regardless of the number of causes of action alleged, so you can prevail on any or all counts in your complaint, but damages are calculated only once for the all inuries you are claiming. Generally, you end the complaint with a paragraph requesting your monetary relief.

If your case is viable (meaning, the facts both support the causes of action alleged, and support a significant and provable amount of monetary damages), then it should interest a personal injury lawyer willing to take it on a contingency basis. Filing, presenting and proving cases like these are not easy, and legal representation is strongly advised, although not all attorneys handle intentional torts.

A: To file an Intentional Infliction of Emotional Distress (IIED) lawsuit, you'll need to start by preparing a complaint. This document outlines your case, detailing how the defendant's actions were extreme and outrageous, and how they caused you severe emotional distress. Make sure to include all relevant facts, dates, and any evidence that supports your claims.

Next, identify the correct court for your filing. Typically, IIED cases are filed in civil court within the jurisdiction where the harmful actions took place or where the defendant resides. You can obtain the necessary civil complaint forms from the court's website or visit the courthouse in person to get the appropriate documents.

Once your complaint is prepared, you'll need to file it with the court and pay any required filing fees. After filing, serve the defendant with a copy of the complaint according to your court's rules. Keeping organized records and following the court's procedures carefully will help ensure that your case proceeds smoothly. It may also be beneficial to seek guidance from a legal professional to navigate the complexities of the legal system.