Understanding Negligent Infliction of Emotional Distress in Personal Injury Law

Negligent infliction of emotional distress (NIED) happens when someone else's carelessness causes you emotional harm without causing any physical injury.

For example, let's say you're at a stoplight when another driver speeds through the red light and crashes right in front of you.

You weren't hurt physically, yes, but the experience has left you feeling shaken, terrified, and anxious every time you got into a car. 

You're left dealing with intense fear, anxiety, or even PTSD, even though there was no physical injury.

This emotional suffering, caused by someone else’s negligent actions, is what NIED addresses. The person who caused the distress didn’t mean to hurt you, but their failure to act responsibly still left you emotionally scarred. You can also sue for negligent infliction of emotional distress.

Examples of NIED

Here are a few scenarios where you can file a NIED claim:

A medical error: Let’s say a doctor misdiagnoses a serious illness, causing you to experience months of stress, anxiety, and uncertainty about your health. Even if the misdiagnosis didn't directly harm your body, the emotional toll can be immense.

A car accident: Picture yourself walking down the street when a driver accidentally hits a pedestrian in front of you. The person may not have been physically injured, but the emotional trauma from witnessing such a disturbing event can leave lasting effects like anxiety or PTSD.

Dangerous property: Imagine visiting a friend’s house, and you slip on a poorly maintained staircase. You don’t get physically hurt, but the shock and fear of the fall lead to significant anxiety. This anxiety can affect your daily life and make you afraid to walk anywhere that isn’t perfectly safe. 

What Kind of Damages Can You Recover From NIED?

Here’s a breakdown of the different types of damages that could apply in an NIED case:

Emotional Pain and Suffering

This is probably the most common form of compensation in NIED cases. It includes the distress, anxiety, depression, and fear you’ve experienced due to the incident. 

If your daily life has been impacted, whether through trouble sleeping, constant worry, or feeling overwhelmed, you may be entitled to compensation for the emotional suffering you've gone through.

Loss of Enjoyment of Life

Emotional distress can take away your ability to enjoy life as you did before. If the trauma has stopped you from doing things you used to love, such as playing sports, socializing with friends, or even enjoying a walk, then this could be a basis for claiming damages. The impact on your overall quality of life is a key factor in NIED cases.

Medical Expenses

Sometimes, emotional distress is so severe that it requires professional treatment, like therapy or counseling. You could be entitled to compensation for receiving treatment related to your emotional injuries. 

This could include costs for ongoing therapy or any medications prescribed to help with anxiety or depression.

Lost Wages

The law allows you to claim lost wages if your emotional distress has made it difficult for you to work, whether it’s because you're unable to focus, too anxious to leave your house, or dealing with a mental health condition that prevents you from functioning normally.

This can be especially relevant if you’ve had to take time off work or if your emotional state affects your ability to perform your job.

How Do You Prove NIED?

To successfully claim NIED, you’ll need to prove a few key things.

Negligence

You must show that the other party acted negligently, meaning they failed to act in a way that a reasonable person would in the same situation. Whether they were distracted, reckless, or careless, their actions must have directly contributed to the distress you’re experiencing.

Emotional Harm

You need to show that the incident caused real emotional harm. This can be tricky, as emotional suffering isn’t as easy to measure as physical injuries.

However, keeping records of your emotional symptoms, seeing a mental health professional, and documenting how the distress has affected your life can help support your claim.

Severity of Emotional Distress

The court will want to know how severe your emotional distress is. They would want to know if you are just a little shaken up or if your anxiety has turned into something that’s disrupting your entire life. The more you can demonstrate the impact the distress has had, the stronger your case will be.