Understanding Negligent Infliction of Emotional Distress
When we think of personal injury claims, we often picture physical injuries and their repercussions. However, emotional harms can also have lasting impacts on individuals involved in traumatic events. One area of personal injury law that addresses these types of claims is negligent infliction of emotional distress (NIED).
What is Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress occurs when a defendant's negligent actions cause emotional suffering to a plaintiff, even if there’s no physical injury involved. Imagine watching a loved one get injured because of someone else's wrongdoing: the fear and anxiety you feel can have real, lasting effects on your mental health. That's where NIED comes into play.
To prevail in a claim of negligent infliction of emotional distress, a plaintiff must establish the following key elements:
1. **Negligent Conduct**: The defendant must have acted negligently, breaching a duty of care owed to the plaintiff or someone the plaintiff is closely related to.
2. **Serious Emotional Distress**: The plaintiff must demonstrate that they suffered serious emotional distress as a result of the defendant's negligent actions. Emotional distress includes feelings such as anguish, grief, anxiety, and shock. Essentially, it’s an emotional response that is so extreme that an ordinary person would have trouble coping with it.
3. **Causation**: Lastly, the emotional distress must be a direct result of the defendant’s negligence—meaning that the defendant’s actions were a substantial factor in causing the plaintiff's serious emotional distress.
Types of Claims
NIED claims in California can take on two primary forms:
- **Direct Victim Claims**: The plaintiff suffers emotional distress directly tied to the defendant's negligent actions. This often occurs in situations involving an emotional response to the mishandling of a loved one, such as improper treatment in medical scenarios.
- **Bystander Claims**: Here, the plaintiff seeks to recover damages as a result of witnessing harm to a person closely related to them, even if they themselves were not physically injured. To succeed, a plaintiff must have been present at the scene and aware that the defendant's actions were causing harm to their loved one.
Real-Life Connection
Consider a scenario where a parent witnesses a serious car accident involving their child. The resulting emotional trauma from seeing such an event unfold can be profound. Under NIED, the parent may have a valid case given that they witnessed the event firsthand and suffered emotional distress as a result.
Contact Goldfaden Benson
If you believe you have experienced emotional distress due to someone else's negligence, you should consult a lawyer who specializes in personal injury law. At Goldfaden Benson, our attorneys can help assess your situation and guide you on the best path forward. For more details on how we can assist you, visit our contact page.
Navigating the complexities of personal injury law can be daunting. Are you interested in learning more about how your emotional distress could potentially qualify for a claim? Reach out to us today!
