Two Types of Emotional Distress Claims
There are two main emotional distress claims in personal injury law: Negligent Infliction of Emotional Distress (NIED) and Intentional Infliction of Emotional Distress (IIED). Each has different requirements, and claims without accompanying physical injury face higher thresholds in most states.
Negligent Infliction of Emotional Distress
NIED requires that the defendant's negligence caused the plaintiff severe emotional distress. Many states require that the plaintiff was also physically present in the "zone of danger" or witnessed injury to a close family member. Some states allow bystander NIED claims when a person witnesses the death or serious injury of a loved one.
Intentional Infliction of Emotional Distress
IIED requires conduct that is so extreme and outrageous that it exceeds all bounds of decency, intentional or reckless infliction of severe emotional distress, and distress that is severe. The bar is high — everyday insults and rudeness do not qualify. Stalking, extreme workplace harassment, and deliberate traumatization are examples that may qualify.
Get Legal Help in Your City
InjuryClaimSource is an educational resource. We are not a law firm and do not provide legal advice. Consult a qualified personal injury attorney for advice about your specific situation.