Q: Can I sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress

A: To begin with, you mentioned that the incident happened years ago. Generally speaking, with some exceptions, personal injury actions (not medical malpractice) commenced against a non-municipal defendant have a three year statute of limitations. Additionally, based upon the fact pattern you described, I do not believe this meets the requirement for either intentional infliction of emotional distress (and intentional acts have a one year statute of limitations), or negligent infliction of emotional distress, as you were not "in the zone of danger", another requirement.

A: Sorry to hear what you're going through. Generally speaking, to bring an action for negligent or intentional infliction of emotional distress, you need to demonstrate conduct that is "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." Without minimizing what this person has done, it doesn't sound like her behavior rises to the level that would support a claim for negligent (or intentional) infliction of emotional distress.

A: I'm sorry to hear about the distressing experiences you've been facing, especially during such a difficult time after the loss of your parent. I hope the following information provides some clarity and guidance on your situation.

Please note that this is general information based on the details you've provided and is not intended as legal advice. Legal outcomes can vary depending on specific circumstances. For personalized advice, it's important to consult with a qualified attorney who can consider all the nuances of your case.

In New York, determining whether you can sue for Intentional Infliction of Emotional Distress or Negligent Infliction of Emotional Distress involves understanding the specific legal standards applicable in the state.

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (IIED)

Under New York law, an IIED claim requires proving:

1. Extreme and Outrageous Conduct: The defendant's actions must be so outrageous and extreme that they go beyond all possible bounds of decency in a civilized society.

2. Intent or Reckless Disregard: The defendant intended to cause emotional distress or acted with reckless disregard of the likelihood of causing such distress.

3. Causation: A direct connection between the defendant's conduct and the emotional distress suffered.

4. Severe Emotional Distress: The distress must be severe, not merely trivial or transient.

New York courts set a high bar for IIED claims. The conduct must be utterly intolerable. In your case, the offending party's actions—such as making a spectacle at your parent's funeral, threatening you, sending dismissive communications, and making derogatory remarks online—could potentially be considered extreme and outrageous, especially given the sensitive circumstances.

NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS (NIED)

In New York, NIED claims generally involve:

1. Duty of Care: The defendant owed you a specific duty to avoid causing emotional harm.

2. Breach of Duty: The defendant negligently breached that duty.

3. Unreasonable Risk of Physical Harm: The conduct unreasonably endangered your physical safety (the "zone of danger" rule).

4. Severe Emotional Distress: The distress suffered is significant and medically verifiable.

NIED claims in New York often require that the plaintiff was in immediate risk of physical harm due to the defendant's negligence. Given that the offending party's actions appear intentional rather than negligent and may not have placed you in physical danger, an NIED claim might be less applicable.

NEXT STEPS

• Document Everything: Keep detailed records of all interactions, including emails, messages, social media posts, and any witnesses to the incidents.

• Seek Professional Help: Consult a mental health professional to document the emotional and physical impact you've experienced.

• Consult an Attorney: An experienced New York personal injury lawyer can provide personalized advice, assess the strength of your potential claims, and guide you through the legal process.

CONCLUSION

Based on New York law, you may have grounds for an Intentional Infliction of Emotional Distress claim due to the offending party's potentially extreme and outrageous conduct. However, success depends on meeting the high threshold set by New York courts for such claims. While an NIED claim seems less applicable, exploring all legal options with a qualified attorney is advisable.

Remember, professional legal counsel can help protect your rights and assist you in taking the most appropriate steps toward resolution during this challenging time.