Understanding Negligent Infliction of Emotional Distress in California
When dealing with personal injury, one aspect that often arises is emotional distress. In California, individuals can pursue a claim for negligent infliction of emotional distress (NIED) under specific circumstances. This article aims to break down what this cause of action entails and what you need to prove in court.
What is Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress occurs when someone suffers severe emotional pain due to another person’s negligent actions. It is essential to understand that this type of claim does not require physical harm. Instead, it focuses solely on the emotional impact caused by someone’s negligent actions.
To illustrate, consider a scenario where a person witnesses a traumatic event, like a serious car accident, and thereafter experiences severe emotional distress such as anxiety, depression, or nightmares. If the distress can be directly tied to the negligence of the at-fault party, they may have a valid NIED claim.
Key Elements of Proving Negligent Infliction of Emotional Distress
To successfully establish a claim for negligent infliction of emotional distress in California, the plaintiff must prove the following elements:
1. **Negligence**: You must show that the defendant acted negligently. This means they failed to exercise reasonable care that a typical person would in similar circumstances.
2. **Serious Emotional Distress**: The plaintiff must demonstrate they experienced serious emotional distress. This could include feelings of anguish, anxiety, or shock to the extent that a reasonable person would be unable to cope with it.
3. **Causation**: You need to establish a direct link between the defendant’s negligence and your serious emotional distress. It must be shown that the defendant’s actions were a substantial factor in causing your emotional harm .
In addition to these core elements, California recognizes two theories of negligent infliction of emotional distress:
- **Direct Victim**: This applies when the emotional distress is a direct result of the defendant’s actions toward the plaintiff.
- **Bystander Claim**: A bystander can claim NIED if they witness a traumatic event happen to someone else, generally a close family member, and suffer emotional distress as a result .
Why Proving These Elements Matters
Proving these elements is vital because emotional distress claims can often hinge on subjective accounts of distress and pain. Courts will analyze the nature of the emotional suffering, the context in which the distress arose, and the established relationship between the involved parties. For instance, if you were closely related to the victim in a traumatic event, this may bolster your claim as it is easier to establish the foreseeability of such distress .
Reach Out for Guidance
Navigating a claim for negligent infliction of emotional distress can be complex and challenging. Whether you are considering pursuing this type of action or have questions about your specific situation, having experienced legal guidance can make all the difference. At Goldfaden Benson, our team specializes in personal injury law and can provide you with the support you need.
For more information about how we can assist you, please visit our contact page. We are here to help you understand your rights and options when faced with emotional distress due to someone else’s negligence.
Have you or someone you know experienced emotional distress due to another person's negligence? It's important to understand your legal options. Contact Goldfaden Benson for assistance today!
