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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In making a claim emotional distress, can a

Customer Question

In making a claim for intentional emotional distress, can a claim be for a specific sum. If so, what calculations can be used to claim that sum?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
What are the circumstances of your claim?
Customer: replied 1 year ago.
exploited for work by a person who lied, was horrible and led to grief, eating disorders, bad health and depression
Expert:  Jo C. replied 1 year ago.
Were you paid for the work?
Customer: replied 1 year ago.
no
Customer: replied 1 year ago.
they wanted help for work problems, and asked me to do it, pressured various ways to do it
Expert:  Jo C. replied 1 year ago.
So was there an agreement that you would be paid
Customer: replied 1 year ago.
no, that wasn't distressing. It was being pressured to work and the amount of work and that the person was lying in order to keep me doing the work (and also demeaning me constantly, and making false promises, and asking for money or jobs from my family)
Customer: replied 1 year ago.
grief, eating disorders, bad health and depressions
can you tell me what sort of things are emotional/mental abuse in terms of a relaionship?
Customer: replied 1 year ago.
like the people who lie about who they are and fraud people out of money, except more with work
Customer: replied 1 year ago.
i would like to close this question
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.I see the expert has opted out - would you still like me to help you?Alex
Customer: replied 1 year ago.
Hi Alex, yes please
Expert:  Ash replied 1 year ago.
Have you been to the GP? Have you been diagnosed with anything? Have you had a psychiatric assessment for the injuries?
Customer: replied 1 year ago.
had eating problems from emotional distress - went very underweight and ended in hospital with heart failing, on going depression diagnosed. no assessment. A case would be for IIED rather than injury probably.
Customer: replied 1 year ago.
there is still fear and anxiety caused, and I had to get a bit of physical recovery before I could thinhk about going to court
Expert:  Ash replied 1 year ago.
The problem is you have no evidence. In order to bring a claim you need evidence, medical reports, diagnosis with GP, psychiatric assessments. Even then you need to show its as a DIRECT link of what has happened.If you cant show either of those two then your claim fails.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
thank you. Yes please could you clarify
in order to bring which claim? do you refer to IIED claims?
I guess I have evidence, as I have all my records?
Expert:  Ash replied 1 year ago.
Yes because you are claiming a loss. You need to show evidence of this.You have records but that probably wont be enough. You need expert evidence to show a causal linkDoes that clarify?Alex
Customer: replied 1 year ago.
to clarify, is it claiming a loss for IIED? if so, what sort of loss, like loss of health, enjoyment or work?I have all records and records of abuse which caused the problems. If that is not enough then an expert could maybe be requested. What sort of expert? I am already in health fieldDo you know how such claims are calculated?
Customer: replied 1 year ago.
i have diagnosis from my gp, and hospital admissions.
Expert:  Ash replied 1 year ago.
Yes I realise its a claim for Intentional infliction of emotional distress. You still have to be able to prove the loss. So you need to establish you have been injured and that there was a DIRECT link.The courts quantify this in the same way as psychiatric injury.Does that clarify?Alex
Customer: replied 1 year ago.
yes, I see you mean a direct link - this was all caused by the abuse suffered. No other reasons.
Thank you, ***** ***** ask how IIED is quantified, how is psychiatric injury quantified?
Expert:  Ash replied 1 year ago.
There are guidelines to compensation. I suggest you get the book below:Guidelines for the Assessment of General Damages in Personal Injury Cases
Customer: replied 1 year ago.
thank you
is there no other guidance for IIED, as it is not personal injury? Examples given to me are of someone who loses contact with a child as the child is taken by one parent for a few years - case history in IIED.
Expert:  Ash replied 1 year ago.
No. There is no other guideline. There may be case law but that is outside the remit of this site.Does that help?
Customer: replied 1 year ago.
thank you, ***** ***** helps. Finally, do you know how common it is for IIED cases?
Expert:  Ash replied 1 year ago.
Not very. They most common type of injury claim is a personal injury claim.If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you, ***** ***** looks helpful and I will have a look at it
Expert:  Ash replied 1 year ago.
Good luck. Alex