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Warning
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LSDefine
Simple English definitions for legal terms
Negligent infliction of emotional distress
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A quick definition of Negligent infliction of emotional distress:
Negligent infliction of emotional distress (NEID) is when someone causes another person to feel really bad because they were careless. Some states say it's okay to sue for NEID if it was likely that the careless person would cause emotional distress. Other states only allow a lawsuit if the person was almost hurt physically and was really scared. A few states say that the person has to have some physical injury before they can sue for NEID.
A more thorough explanation:
Negligent infliction of emotional distress (NEID) is a legal term that refers to emotional distress caused by someone's careless actions. This is different from intentional infliction of emotional distress (IIED), which involves someone intentionally causing emotional harm to another person.
Each state has its own rules about when NEID can be claimed and how damages are calculated. There are generally three categories:
- Most states allow NEID claims when the defendant's actions were reasonably foreseeable to cause emotional distress.
- Some states only allow NEID claims when someone was in a "zone of danger" and feared physical harm.
- A few states require some physical injury to the plaintiff in order to claim NEID.
For example, if someone assaults a server in a restaurant, anyone sitting nearby could be in the "zone of danger" and fear for their own safety. If they suffer emotional distress as a result, they may be able to claim NEID.
Another example could be a doctor who negligently misdiagnoses a patient, causing them to suffer emotional distress from the fear of their illness getting worse. If the patient can prove that the doctor's actions were negligent and caused their emotional distress, they may be able to claim NEID.