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Plaintiff must prove they suffered actual damages from the emotional distress, like medical expenses or lost wages. For instance, suffering anxiety attacks after an assault that lead to costly therapy sessions and inability to work.

A claim where the defendant's extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to the plaintiff. For example, a person threatening severe violence against another, causing them severe anxiety and fear.

Plaintiff must establish that the defendant's conduct directly caused the emotional distress. An example can be incessant harassment at the workplace leading to the employee's clinical depression.

For NIED, where a close relative was killed or seriously injured in the plaintiff's presence. For example, a parent witnessing their child being seriously injured in an accident and suffering from post-traumatic stress disorder.

A defendant may assert various defenses, such as the conduct being permissible under the law or the plaintiff's emotional distress preexisting the alleged tortious conduct. For example, the defendant might argue that the emotional distress was due to reasons unrelated to their actions.

A legal component necessary for tort claims, where the defendant has a duty of care towards the plaintiff. Emotional distress claims arise when said duty is breached. For example, a school counselor who fails to act upon signs of severe distress in a student they're responsible for.

A claim where the defendant's negligent conduct causes the plaintiff to suffer emotional distress. An example might be a doctor delivering devastating news in an unnecessarily harsh manner, causing a patient psychological trauma.