Legal Question in Personal Injury in New York

intentional infliction of emotional distress and malice aforethought what are the grounds for an action to proceed ?


Asked on 12/13/13, 8:34 am

1 Answer from Attorneys

Jason A. Richman Jason A. Richman, Esq.

In NY these torts are very unlikely to be acted upon by any attorney because the damages associated with them are often insufficient to justify the time and expense of a law suit. That said, there are some exceptions.... The best of which is where the emotional injury is connected to a physical one. most of the time though, these issues arise in connection with some sort of electronic conduct, e.g., social media, a mean e-mail message, et c., and these claims, though they may be arguably tortious, are almost never viably actionable due to the minimal provable associated losses.

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Answered on 12/16/13, 4:54 am


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