All You Need To Know About Negligent Infliction Of Emotional Distress

People think about personal injury claims with an emphasis on physical injuries. However, personal injury claims also encompass pain, suffering, and emotional distress. Many people suffer emotional distress following an incident caused by negligence but never get compensation because they do not know if they should sue. Here is everything you need to know about negligent infliction of emotional distress and how to claim. 

What is Intentional Infliction of Emotional Distress?

Intentional infliction of emotional distress is an injury or tort that happens when someone performs an act to cause another person emotional distress. The action goes beyond a simple annoyance or indignity and causes severe implications for the victim's emotional health. To prove that someone caused you negligent infliction of emotional damage, you must show the other person fully understood what they were doing, and they knew how it would affect you. You must also have evidence to show how it affected you. These cases are sometimes tough to prove, and you will need a lawyer for a successful claim. 

Is Negligent Infliction of Emotional Distress the Same as the Intentional Kind?

Negligent infliction happens when one person's carelessness leads to another person suffering emotional distress. For example, if you witness a fellow employee's hand get caught in a machine and become mangled. In such a case, you can sue your employer and prove that they ignored putting in place safety measures to prevent such injuries. You will also have to prove that watching the other person get harmed caused you emotional distress with notes from the doctor and evidence on your mental health assessment with a treatment plan for the condition you developed. 

How Can You Get Compensated for Emotional Distress?

Every state has its specific rules and regulations about compensating victims of emotional distress claims. Some of the criteria you must meet for compensation include the foreseeability test. Here, you must prove the defendant should have seen the possibility of things unfolding like they did and mitigated it beforehand. Others insist on the physical impact test. For example, if a doctor misdiagnoses you with a condition, and the medication they offer leads to physical harm, you can sue them successfully for the emotional damage and the resulting physical damage.

These are claims best made with the help of a competent attorney from a place like the Law Offices of Gavin W Murphy, PLLC. It is advisable to talk to an injury lawyer about negligent infliction of emotional distress. They will assess the factors to determine whether you have a case.

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