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Understanding Negligent Infliction of Emotional Distress (NIED): Legal Insights
Definition & Meaning
Negligent infliction of emotional distress (NIED) occurs when one person's negligent actions cause emotional suffering to another person. Every individual has a responsibility to exercise reasonable care to prevent causing emotional harm to others. If this duty is breached, the injured party may seek monetary compensation for their distress. NIED is sometimes referred to as parasitic damages, as it often arises in connection with other tort claims.
Table of content
Legal Use & context
NIED is primarily used in civil law, particularly in personal injury cases. It allows individuals to claim damages for emotional suffering resulting from another party's negligence. This term is relevant in various legal contexts, including personal injury, medical malpractice, and even certain family law cases. Users can find legal forms and templates through US Legal Forms to help navigate these claims effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
In a hypothetical example, if a driver negligently causes a car accident that results in physical injuries to another person, the injured party may also claim NIED if they experience severe emotional distress due to the incident.
Another example could involve a family whose home is damaged by a negligently caused flood, leading to emotional distress due to the loss of personal belongings and the disruption of their lives.
State-by-state differences
State
Acceptance of NIED
California
Accepted with specific criteria for claims.
Hawaii
Recognized as a separate tort since Rodrigues v. State.
New York
Generally disfavored; strict criteria apply.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Intentional Infliction of Emotional Distress
Deliberate actions that cause severe emotional distress.
NIED involves negligence, while this term requires intent.
Parasitic Damages
Damages that arise from another tort claim.
NIED can be a form of parasitic damages but is specifically focused on emotional distress.
Common misunderstandings
What to do if this term applies to you
If you believe you have experienced emotional distress due to someone else's negligence, consider the following steps:
Document your emotional distress, including any medical treatment received.
Gather evidence of the negligent act that caused your distress.
Consult with a legal professional to understand your options and the viability of your claim.
Explore US Legal Forms for templates that can assist you in filing a claim.
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