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When can I sue for emotional distress?


Just because your feelings were hurt, doesn’t mean you have a case for emotional distress. However, several factors can result in emotional distress damages.

1. The wrongdoer’s behavior must be considered to be extreme and outrageous. If a person of average temperament could be distressed by the wrong doer’s actions, it is considered emotional distress.

2. It must be done intentionally. Either proof of intentional pain or reckless disregard for emotions need to be proved.

3. It’s typically easier to prove emotional distress when combined with physical injury.

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Ray Hodge & Associates proudly represents victims and their families across the state of Kansas, including Wichita, Andover, Derby, Goddard, Haysville, Mulvane, Rose Hill, Newton, El Dorado and Hutchinson. Call today for a free consultation all over the state of Kansas. We have proudly served clients in Sedgwick, Butler, Sumner, Harvey, Kingman and Reno Counties.