Emotional distress is as damaging as physical harm, impacting your psychological health, relationships, and way of life. But is it possible to claim damages for emotional distress due to negligence by another party? In most cases, yes, under a legal action called negligent infliction of emotional distress (NIED).
You will understand in this article what is negligent infliction of emotional distress, the steps necessary to prove it, the various standards states employ to qualify for eligibility, and how a skilled attorney can assist you in recovering from your distress.
What Is Negligent Infliction of Emotional Distress (NIED)?
Negligent infliction of emotional distress (NIED) is a legal claim that allows individuals to seek compensation for emotional trauma caused by another party’s negligent actions. Unlike intentional infliction of emotional distress (IIED), where the harm is caused deliberately, NIED arises from carelessness or failure to exercise reasonable care.ulting in harm to others. This could involve failing to perform background checks, ignoring red flags in a candidate’s history, or hiring someone without the necessary skills or qualifications for a position.
Key Elements of NIED
To successfully file an NIED claim, you generally need to prove the following:
- Duty of Care: The defendant had a legal obligation to act with reasonable care.
- Breach of Duty: The defendant failed to meet this standard of care.
- Causation: The defendant’s actions directly caused your emotional distress.
- Emotional Distress: You experienced significant mental or emotional suffering as a result.
Types of NIED Claims
NIED claims can vary depending on the circumstances and the state where the incident occurred. Below are the two main types of NIED claims:
Direct Victim Claims
In direct victim cases, the plaintiff directly suffers emotional distress due to the defendant’s negligence.
Example: Medical Error
A patient receives a false positive diagnosis of a terminal illness due to a medical error. As a result, they experience severe anxiety, depression, and emotional trauma.
Bystander Claims
In bystander cases, the plaintiff suffers emotional distress after witnessing a traumatic event caused by the defendant’s negligence, often involving a loved one.
Example: Car Accident
A mother witnesses her child being seriously injured in a car accident caused by a negligent driver. She experiences severe emotional trauma, including nightmares and anxiety.
How States Handle NIED Claims
Different states have different rules for NIED claims, which can affect whether you qualify for compensation. The three most common rules are:
1. Impact Rule
Under the impact rule, a plaintiff can only recover for emotional distress if they also suffered a physical impact or injury due to the defendant’s negligence.
- Example: A store owner’s negligence causes a ceiling to collapse, lightly striking a customer. The customer can file an NIED claim for emotional distress caused by the incident because they experienced physical impact.
2. Zone of Danger Rule
This rule allows a plaintiff to seek compensation for emotional distress if they were in immediate danger of physical harm, even if they were not physically injured.
- Example: A driver narrowly avoids being struck by a speeding truck but suffers severe anxiety and panic attacks afterward.
3. Bystander Rule
Some states recognize NIED claims for individuals who witness a traumatic event involving a close family member, even if they were not in danger themselves.
- Example: A father watches his daughter being struck by a negligent driver and suffers emotional distress from witnessing the event.
Common Situations Leading to NIED Claims
NIED claims can arise in various situations, including:
- Medical Malpractice: Receiving incorrect or traumatic medical news due to negligence.
- Car Accidents: Witnessing a loved one being injured in a crash caused by a negligent driver.
- Workplace Incidents: Experiencing trauma due to unsafe working conditions.
- Animal Attacks: Witnessing a loved one being attacked by a dangerous animal.
- Death Notifications: Receiving false or negligent information about the death of a loved one.
Real-World Example
In a well-known case, a mother witnessed her child being struck by a vehicle while crossing the street. Although she was not physically harmed, the court allowed her to file an NIED claim due to the severe emotional trauma she experienced.
Proving Emotional Distress in NIED Claims
Unlike physical injuries, emotional distress can be challenging to prove. To strengthen your NIED claim, you may need to provide:
- Medical Records: Documentation from a mental health professional showing that you experienced anxiety, depression, PTSD, or other psychological conditions.
- Therapy Notes: Evidence of treatment or counseling sessions for emotional trauma.
- Testimony from Family and Friends: Statements showing how your emotional distress has impacted your daily life.
- Personal Journal Entries: Records of your emotional struggles, nightmares, or other symptoms.
Damages Available in NIED Claims
If your NIED claim is successful, you may be eligible for various types of compensation, including:
- Emotional Distress Damages: For anxiety, depression, PTSD, and other mental health conditions.
- Medical Expenses: For therapy, counseling, or psychiatric treatment.
- Loss of Enjoyment of Life: Compensation for reduced quality of life due to emotional suffering.
- Lost Wages: If your emotional distress prevents you from working.
Example of Compensation Calculation
A woman witnesses her spouse being severely injured in a workplace accident. She suffers from anxiety and depression, requiring therapy. Her NIED claim results in:
- $20,000 for therapy costs.
- $10,000 for lost wages due to missed work.
- $50,000 for emotional distress.
Defenses Against NIED Claims
Defendants may use several strategies to defend against NIED claims, including:
- Lack of Duty: Arguing that they did not owe the plaintiff a duty of care.
- No Causation: Claiming that the plaintiff’s emotional distress was not directly caused by their actions.
- Pre-Existing Conditions: Arguing that the plaintiff’s emotional distress was due to a pre-existing mental health condition, not their negligence.
Why You Need an Experienced NIED Lawyer
NIED claims can be complex due to the difficulty of proving emotional distress and the variations in state laws. An experienced personal injury lawyer can:
- Evaluate Your Case: Determine if you have a valid NIED claim.
- Gather Evidence: Help you collect medical records, witness statements, and other evidence.
- Negotiate with Insurers: Seek a fair settlement for your emotional suffering.
- Represent You in Court: Advocate for your rights if your case goes to trial.
Case Example
A family witnesses a tragic amusement park accident where a close family member is severely injured. The family suffers severe emotional trauma and files an NIED claim. Their lawyer helps them present medical evidence of their emotional distress, leading to a successful settlement.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
