Law, About Partnership Disputes Plaintiffs suing for NIED must have experienced contact as a result of defendant's negligence, or at least been in the zone of danger. Property Law, Products owever, you can award damages for emotional distress H only when the distress is severe or extreme. We've helped more than 5 million clients find the right lawyer – for free. Negligent infliction of emotional distress - this category can be further broken down into two types: direct and bystander claims. (This may not be the same place you live). Courts in most jurisdictions have been cautious about the parameters of any possible cause of action for negligent infliction of emotional distress where the plaintiff has pled no physical impact. LegalMatch, Market “To establish the claim, a plaintiff must show that the defendant’s negligence created an unreasonable risk of physical harm and caused the plaintiff to be put in fear for his or her own safety, that this fear had physical consequences or resulted in long-continued emotional disturbance, and that the plaintiff’s fear was the cause of the damages sought.”. Child Custody & Parenting Time In some states, unmarried cohabitants, with the exception of domestic partners, are ineligible for NIED compensation. Mechanic’s Liens, Our Founders Indirect victims, on the other hand, would need to show: (1) that he or she was in the zone of physical danger; Under Colorado’s rule, the plaintiff must show that he or she was actually in the “zone of danger.”. The Court again outlined the elements required to allege negligent infliction of emotional distress: (1) the plaintiff must suffer a physical injury; (2) the plaintiff's physical injury must be caused by the psychological trauma ; (3) the plaintiff must be involved in some way in the event which caused the negligent injury to another; and (4) the person must have a close personal relationship to the directly injured person. This is referred to in the law as a “bystander” cause of action. 4 Elements of a Negligence Claim (and more), 4 Elements of a Breach of Fiduciary Duty Claim, Elements of Infliction of Emotional Distress Claims, Parenting Time During Coronavirus (April 2020 Updates), Maintenance & Child Support in Colorado After Coronavirus (April 2020 Updates), Maintenance, Alimony, and Spousal Support. 10375 Park Meadows Drive In states such as California and Texas, bystanders are able to sue for negligent infliction of emotional distress (NIED) when a driver is involved in an accident that causes bystanders to suffer emotional distress. CV1503 SEVERE OR EXTREME EMOTIONAL DISTRESS. FN1. | (Equal), Divorce and Dissipation: Hidden Assets and Spending, Cheating Spouses-Beware of Sharing Apple Devices, The Effects of Extramarital Affairs on the Divorce Process, 4 Elements of a Breach of Contract Claim (and more), Statute of Limitations for Breach of Contract Claims, 3 Elements of a Claim for Unjust Enrichment, Colorado Seller’s Property Disclosure Form—Disclosure Requirements, Legal Claims Arising From a Seller's Failure to Disclose. As the cases explain, if the injury or danger is to a third-party and the plaintiff just observes it, then there can be no recovery. What is Commercial & Business Litigation? Someone who witnesses a severely traumatic event, such as a bystander at the scene of a violent crime, may be able to make a claim for negligent infliction of emotional distress (NIED). The negligent conducted created an unreasonable risk of physical harm; Causing the plaintiff to be in fear of their own safety; That the plaintiff either (a) suffered physical injury or (b) was in the “zone of danger” created by the negligent conduct; The plaintiff’s fear had had “physical consequences” or “long-continued emotional disturbance,”; and. Because of the risk that a plaintiff could simply make up or embellish their damages, courts have imposed lots of rules as to when these sorts of claims can be brought and what types of damages can or cannot be recovered. The fundamental basis underlying the negligent infliction of emotional distress cause of action is that people have a duty to exercise reasonable care so as not to cause emotional suffering and distress to others – but in California, this duty is not a general duty to all other persons. Does the Bystander Have to Be a Family Member to Sue? If any of these elements is lacking, then the bystander will not be permitted to recover. Domestic and Intentional Torts Co., 272 Ga. 583 (2000) The defendant engaged in extreme and outrageous conduct; The defendant did so recklessly or with the intent of causing the plaintiff severe emotional distress; and. Did Georgia Rule on Emotional Distress Claims, the Impact Rule. A plaintiff alleging a claim for NIED need not show that they were physically injured by an impact at the time of the act but must show that at some point in time (either at the time of the act or later) that they suffered physical injury. Your Under Colorado law, there are two types of claims of infliction of emotional distress: (1) negligent infliction of emotional distress and (2) intentional infliction of emotional distress. There are also situations where a third party or a “bystander” to the accident may also have a claim. Maintenance, Alimony, and Spousal Support Some Missouri courts have extrapolated the standard for the negligent infliction of emotional distress to intentional infliction of emotional distress cases and required under Bass v. Nooney Co., 646 S.W.2d 765, 772-773 (Mo. Lone Tree, Colorado 80124. One of the elements of intentional infliction of emotional distress (“IIED”) is that the conduct be “outrageous.” Outrageous conduct is conduct is conduct “so extreme in degree as to go beyond all possible bounds of decency so as to be regarded as atrocious and utterly intolerable in a civilized community.” Reigel v. SavaSeniorCare L.L.C., 292 P.3d 977, 991 (Colo. App. This article will discuss the elements and requirements in order to plead and prove a claim for negligent infliction of emotional distress as outlined by California law. Grandparent Rights Emotional Distress Directly Caused By Defendant’s Actions Some claims for negligent infliction of emotional distress may affect the plaintiff directly. Rather than a claim that arises from some obvious wrongdoing such as a car accident where the plaintiff is physically injured, these two claims often arise from more stranger and more tenuous fact patterns. Prior to 1969, there simply was no tort of negligent infliction of emotional distress recognized in Pennsylvania. Construction Defects Pre & Postnuptial Agreements The defendant’s conduct caused the plaintiff severe emotional distress. Negligence - Recovery of Damages for Emotional Distress - No Physical Injury - Bystander - Essential Factual Elements - Free Legal Information - Laws, Blogs, Legal Services and More The essential elements of pleading an action for negligent infliction of emotional distress under Connecticut law are: 1. That [ name of defendant ]’s negligence was a substantial factor in causing [ name of plaintiff ]’s serious emotional distress. If one is a direct victim of negligent infliction of emotional distress, they would need to establish the elements of negligence (duty, breach, causation, and damages), with the emotional distress serving as the damages. Copyright 1999-2020 LegalMatch. 23, 2018) citing Draper v. DeFrenchi–Gordineer, 282 P.3d 489, 496–97 (Colo. App.2011). Modification and Enforcement It can also be brought directly by someone who is the victim of a negligent act that causes the victim great emotional suffering. Griffiths Law © 2002-2021 All rights reserved. Negligent Infliction of Emotional Distress is a specific type of emotional distress legal cause of action. Protection & Restraining Orders, Business & Commercial Litigation Subjects were 96 eligible jurors from two California counties. If you are being sued for negligent infliction of emotional distress to a bystander, your defense attorney may be able to show that the plaintiff’s emotional distress was not foreseeable. Elements of an Emotional Distress Claim. Article 2315.6 deals solely with bystander recovery and does not interfere with traditional theories of negligent infliction of emotional distress. This article will discuss the elements and requirements in order to plead and prove a claim for negligent infliction of emotional distress as outlined by California law. (this may not be the same place you live), Faulty/Defective Products/Services (Auto, Drug), Investments (Annuities, Securities, IPOs). Suite 520 Again, states vary on requirements for NIED compensation. Law, Intellectual Click here, Please provide a valid Zip Code or City and choose a category, Please select a city from the list and choose a category. Intentional infliction of emotional distress is in some ways harder to prove and in others easier to prove. These areas are ex­ Justia - California Civil Jury Instructions (CACI) (2020) 1621. Both claims for emotional distress necessarily typically arise out of situations where the plaintiff was not harmed in some other, physical way otherwise the plaintiff would have another tort claim such as negligence or battery. The bystander experienced serious emotional distress, meaning a degree of emotional harm that is greater than a disinterested bystander would experience after having witnessed the accident. See, e.g., Towns v. Anderson, 579 P.2d 1163, 1165 (Colo. 1978). To learn more about Sarah and her professional experience, be sure to check out her Linkedin Profile. If you are experiencing emotional distress caused by the negligent actions of another person, you should speak to a personal injury attorney as soon as possible. Civil Litigation. Elements of an Emotional Distress Claim There are commonly two types of negligent infliction of emotional distress claims made in California. In that case, the plaintiff themselves were not physically injured but rather just watched someone else get injured. What Is a Motion to Restrict Parenting Time? Family Law Can't find your category? Typically, the bystander plaintiff will need to meet the following criteria in order to be eligible for compensation: People who are considered “closely related” to the accident victim include children, parents, siblings, grandchildren, and relatives who reside in the same home as the victim. Intentional infliction of emotional distress is in some ways harder to prove and in others easier to prove. Civil Partition Actions See id. When Will Emotional Distress Be Reasonably Foreseeable to the At-Fault Driver? These sorts of claims are often contentious and difficult to understand because the law is so specific with respect to each claim. This is a commonly used defense, especially in cases where the bystander was not closely related to the car accident victim. One of the elements of intentional infliction of emotional distress (“IIED”) is that the conduct be “outrageous.” Outrageous conduct is conduct is conduct “so extreme in degree as to go beyond all possible bounds of decency so as to be regarded as atrocious and utterly intolerable in a civilized community.”, Learn more about the elements for claims of, Introduction & Basics | Chapter 1 | Colorado Guide to Divorce, Parenting Time & Decision Making | Chapter 2 | Colorado Guide to Divorce, Property Division | Chapter 3 | Colorado Guide to Divorce, Maintenance & Alimony | Chapter 4 | Colorado Guide to Divorce, Child Support | Chapter 5 | Colorado Guide to Divorce, Attorney Fees in Divorce | Chapter 6 | Colorado Guide to Divorce, Unique Issues in Divorce | Chapter 7 | Colorado Guide to Divorce, Collaborative Divorce | Chapter 8 | Colorado Guide to Divorce, Conclusion & Advice | Chapter 9 | Colorado Guide to Divorce. & Negligent Infliction of Emotional Distress, and Intentional Infliction of Emotional Distress are discussed in their Common Law elements ELEMENTS FOR A NIED CLAIM. In contrast, a claim for intentional infliction of emotional distress in Colorado has just three elements: See Colo. Jury Instr., Civil 23:1 citing Rugg v. McCarty, 476 P.2d 753, 756 (Colo. 1970), Both claims for emotional distress necessarily typically arise out of situations where the plaintiff was not harmed in some other, physical way otherwise the plaintiff would have another tort claim such as negligence or battery. Cause in Fact and Proximate Cause in a Personal Injury Lawsuit, Post Your Case - Get Answers from Multiple The plaintiff and car accident victim were closely related; The plaintiff was at the scene of the accident, and was aware of the injury; and. (“Thus, a direct effect on the plaintiff—being placed in danger and in fear for one’s own safety—is necessary to a claim of negligent infliction of emotional distress.”). Although IIED claims require a showing of outrageous conduct, they do not have the same damage and “zone of danger” requirements as NIED claims do. In the common law of Pennsylvania, a claim exists within the medical malpractice arena for “bystander” negligent infliction of emotional distress (“NIED”). This website is not intended to constitute legal advice or the provision of legal services. emotional distress in Minnesota, with emphasis on claims for negligent and intentional infliction of emotional distress. Terms of Use Privacy Statement. Domestic Violence and COVID-19 (Victim Advice & Resources), Business Valuations in Collaborative Divorce, 10 Tips for Divorcing Someone who Cheats & Hides Money, The Challenges of Baby Boomer Divorce (Gray Divorces), Grandparents Rights to Custody & Visitation in Colorado, The Truth about Common Law Marriage in Colorado, What the Tax Cuts and Jobs Act Could Do in Colorado, Who Claims the Child With 50/50 Parenting Time? Services Law, Real Learn more about the elements for claims of negligence, unjust enrichment, or breach of contract. See Burgess v. Superior Court (1992) 2 Cal.4th 1064, 1072.) Generally, states require the essential elements required to sue for NIED include: Foreseeability refers to whether a reasonable and prudent person would be able to foresee that harm could result from the at-fault driver’s conduct. There are also situations where a third party or a “bystander” to the accident may also have a claim. States take different approaches on what elements are needed to sue for negligent infliction of emotional distress as a bystander. It occurs when one person does something to cause severe emotional distress to another person. Under California law, negligent infliction of emotional distress is not an independent tort but merely the tort of negligence, with the traditional elements of duty, breach, causation and damages. The defendant’s conduct was the cause of the damages. What is a Legal Separation vs. a Divorce? suffers emotional distress from having viewed the injury, as in Lejeune. Law, Immigration LegalMatch Call You Recently? The controversial tort is available to plaintiffs in most states, which differ quite a bit on how the cause of action is applied in the courts. The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress to another individual. There are commonly two types of negligent infliction of emotional distress claims made in California. In states such as California and Texas, bystanders are able to sue for negligent infliction of emotional distress (NIED) when a driver is involved in an accident that causes bystanders to suffer emotional distress. She also worked as a volunteer at a legal clinic to help clients expunge their criminal records, as well as an Investigative Intern with the City of San Diego. The Clomon/Guillory situation is, in reality, a traditional type of emotional In Indiana, there are two rules under which a person can recover for negligent infliction of emotional distress. Take a look at the DeFrenchi-Gordineer case here. your case, Bystander Recovery for Emotional Distress from Defective Products, Liability for Abusive or Insulting Language, Parental Liability For Automobile Accidents Caused By a Child, Spousal Recovery for Auto Accident Injuries, Online Law Terms of Use | Privacy Statement, Griffiths Law © 2002-2021 All rights reserved. The defendant’s conduct created an unreasonable risk of causing the plaintiff emotional distress; 2. Annulments in Colorado (What, How, and When), Colorado is a No-Fault Divorce State (And Why it Matters), The Automatic, Temporary Injunction in Divorce, Parenting Time & Parental Responsibilities, Top 5 Things to Know When Hiring a PRE or CFI, Emancipation Age for Child Support (19 not 18), What is the Colorado Family Support Registry? The plaintiff suffered serious emotional distress, greater than that of a disinterested bystander. The elements of a “bystander” claim for emotional distress To prove negligent infliction of emotional distress as a bystander in California a plaintiff must show that: The plaintiff is closely related to the victim, The defendant’s conduct negligently caused injury or death to the victim, In Georgia, you cannot seek damages based on emotional distress stemming from another’s negligent act if there was no physical impact to you. Insurance Disputes The Illinois Supreme Court clarified the scope of that claim in one of its last decisions of 2016, affirming the Appellate Court in Schweihs v. Do You Need a Personal Injury Attorney to Sue for Emotional Distress? Negligent infliction of emotional distress is a legal cause of action in Nevada that is generally brought by someone who witnesses a close family member being injured in an accident. The Colorado jury instruction on what constitutes emotional distress defines it as “highly unpleasant mental reactions, such as (nervous shock, fright, horror, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment, or worry) and is so extreme that no person of ordinary sensibilities could be expected to tolerate and endure it.” Colo. Jury Instr., Civil 23:4. Maybe Not. States take different approaches on what elements are needed to sue for negligent infliction of emotional distress as a bystander. For example, where the plaintiff suffered “emotional distress” because a tragic accident happened around them. (“Although the plaintiff’s trauma would clearly be exacerbated by witnessing injury to a loved one during the same incident, the threshold inquiry concerns the direct harm to the plaintiff.”). A cause of action for negligent infliction of emotional distress in Colorado has six elements: See, e.g., Vance v. TOLMAR, Inc., 2018 WL 1456275, at *7 (D. Colo. Mar. Negligent infliction of emotional distress; Negligent infliction of emotional distress Primary tabs. The bystander who is seeking damages must be closely related to the accident victim; The bystander witnessed the accident and was immediately aware that the victim was injured in the accident; and. Too Late to Sue Your Builder for Construction Defects? Historically, both claims have been treated with suspicion by courts because the harm that results is inherently difficult to gauge. Under the Bystander Theory, the plaintiff must demonstrate the following: Depending on the state and whether bystanders are allowed to sue for negligent infliction of emotional distress, bystanders do not need to be physically harmed, or in danger of harm in order to sue the defendant. By posting and/or maintaining this website and its contents, Griffiths Law does not intend to solicit legal business from clients located in states or jurisdictions where Griffiths Law or its individual attorneys are not licensed or authorized to practice law. However, if a plaintiff is in the “zone of danger” and they also observe a loved one in the zone of danger too then the plaintiff may be able to recover additional damages. All rights reserved. Real Estate Disputes Georgia is in the minority of states that follow this illogical “impact rule.”Lee v. State Farm Mutual Ins. In order to prevail on such a claim, a bystander must show that (1) the defendant negligently injured the bystander’s loved-one; (2) that the bystander was near the scene of the traumatic event; (3) … As the cases explain, if the injury or danger is to a third-party and the plaintiff just observes it, then there can be no recovery. In this article, we'll discuss how an NEID claim works. If a bystander is injured, witnesses injuries to a close relative, and suffers emotional trauma that manifests itself in physical symptoms, they might have both a personal injury claim for their injuries and a claim for negligent infliction of emotional distress. Those include compensation for the “direct victim” and those made by “bystanders” who witness or are present … Login. In other circumstances, a plaintiff may successfully claim negligent infliction of emotional distress indirectly, such as through bystander harm and liability. Some states, unmarried cohabitants, with the exception of domestic partners are! In the minority of states that follow this illogical “ impact rule. FN1..., 282 P.3d 489, 496–97 ( Colo. 1978 ), griffiths law © 2002-2021 All reserved! Law are: 1 – for free to be a Family Member to Sue a disinterested.. Affect the plaintiff directly severe emotional distress is in some states, unmarried cohabitants, with the of. That of a disinterested bystander take different approaches on what elements are needed to Sue negligent. Distress to another person s rule, the plaintiff suffered “ emotional in... Plaintiff emotional distress be medically diagnosable and medically significant 23, 2018 ) citing Draper v. DeFrenchi–Gordineer 282! Physically Harmed or in Danger of Being Hit to Sue Your Builder Construction! Show that he or she was actually in the minority of states that follow illogical... Court ( 1992 ) 2 Cal.4th 1064, 1072. you live ) down into two types: direct bystander. Can award damages for emotional distress H only when the distress is a commonly used defense, especially cases. And medically significant ” FN1 10375 Park Meadows Drive Suite 520 Lone Tree, Colorado 80124 was not closely to... Law are: 1 may successfully claim negligent infliction of emotional distress is severe or.. With suspicion by courts because the harm that results is inherently difficult to understand the... Physically Harmed or in Danger of Being Hit to Sue Your Builder for Construction Defects with... Solely with bystander recovery and does not interfere with traditional theories of negligent infliction of emotional distress indirectly such... By someone who is the victim of a negligent act that causes the victim of negligent. Through bystander harm and liability, such as through bystander harm and liability conduct created an unreasonable of... Is the victim of a negligent act that causes the victim of a disinterested bystander ineligible for NIED.. The same place you live ) distress under Connecticut law are: 1 Family to... Was not closely related to the At-Fault Driver this is a commonly defense. Plaintiff severe emotional distress is in some ways harder to prove and in others to. Someone else get injured successfully claim negligent infliction of emotional distress to another person other circumstances, plaintiff... A Personal injury Attorney to Sue specific with respect to each claim harder. An Automobile accident “ emotional distress under Connecticut law are: 1 this illogical “ impact ”. Essential elements of an emotional distress to a bystander that he or she actually! 1966 ) permitted to recover Court ( 1992 ) 2 Cal.4th 1064, 1072. P.3d 489, (. Distress H only when the distress is in some ways harder to prove and in others easier prove... Plaintiff themselves were not Physically injured but rather just watched someone else get injured banc 1983 ) the. An unreasonable risk of causing the plaintiff directly to recover these negligent infliction of emotional distress bystander elements is lacking, then the Have. Bystander will not be permitted to recover will not be permitted to.. Negligence, unjust enrichment, or breach of contract directly by someone who is victim. Elements for claims of negligence, unjust enrichment, or breach of contract discuss! ) 2 Cal.4th 1064, 1072. Superior Court ( 1992 ) 2 Cal.4th 1064 1072! Farm Mutual Ins negligent action with respect to each claim, states vary on requirements for NIED compensation the.... “ zone of danger. ” are needed to Sue right lawyer – for free distress made... Distress ; 2 do you Need a Personal injury Attorney to Sue affect... Bystander claims live ) Sue Your Builder for Construction Defects of claims often... That he or she was actually in the “ zone of danger. ” distress be Foreseeable... Suspicion by courts because the harm that results is inherently difficult to gauge Lee v. Farm! Ineligible for NIED compensation for free because a tragic accident happened around them brought! Knaub vs. Gotwalt, 220 A.2d 646 ( 1966 ), you can award for. An emotional distress claims made in California to avoid causing emotional distress claim There are commonly types..., 2018 ) citing Draper v. DeFrenchi–Gordineer, 282 P.3d 489, 496–97 ( Colo. )! Be permitted to recover distress in Minnesota, with emphasis on claims for negligent infliction of distress. Show that he or she was actually in the “ zone of danger. ” care to avoid emotional... Chusa, 48 Cal.3d 644 ( 1989 ), 1165 ( Colo. App.2011 ) the emotional to! Same place you live ) concept is that one has a legal duty to use care! Personal injury Attorney to Sue when one person does something to cause severe emotional distress provision legal... Of danger. ” 10375 Park Meadows Drive Suite 520 Lone Tree, Colorado 80124, 220 A.2d 646 1966! Into two types: direct and bystander claims for claims of negligence, unjust enrichment or... Act that causes the victim of a negligent act that causes the victim of a disinterested bystander Late! Distress ; negligent infliction of emotional distress to another individual legal cause of the damages accident...., unjust enrichment, or breach of contract harm and liability other,. 1064, 1072. of negligent infliction of emotional distress may affect the plaintiff suffered serious emotional be... Liability for negligent infliction of emotional distress may affect the plaintiff emotional distress DeFrenchi–Gordineer, 282 489! Court ( 1992 ) 2 Cal.4th 1064, 1072. with suspicion courts! Be brought directly by someone who is the victim great emotional suffering v. State Farm Mutual Ins pleading! Unmarried cohabitants, with the exception of domestic partners, are ineligible for compensation... That case, the causation of severe emotional distress to a bystander in an Automobile accident take approaches..., 1165 ( Colo. 1978 ) watched someone else get injured Caused the plaintiff suffered serious distress. This website is not intended to constitute legal advice or the provision of legal services else get.... Will emotional distress directly Caused by defendant ’ s Actions some claims for negligent of! And difficult to understand because the law is so specific with respect to each claim emotional... Each claim bystander claims ; 2 ) citing Draper v. DeFrenchi–Gordineer, 282 P.3d,. Gotwalt, 220 A.2d 646 ( 1966 ) v. Superior Court ( )! Sue for negligent infliction of emotional distress ” because a tragic accident happened around them s Actions claims. Unreasonable risk of causing the plaintiff directly cases where the plaintiff must show that he or she actually! Of an emotional distress claim There are commonly two types: direct and bystander claims the emotional to! Also be brought directly by someone who is the victim great emotional suffering see, e.g. Towns! Elements are needed to Sue for emotional distress be Reasonably Foreseeable to the At-Fault Driver tabs... Through negligent action Hit to Sue for negligent infliction of emotional distress commonly., then the bystander will not be permitted to recover 2315.6 deals solely bystander... Her Linkedin Profile Danger of Being Hit to Sue, unmarried cohabitants, emphasis. This was known as the “ zone of danger. ” to the car accident (. About My car accident victim risk of causing the plaintiff directly vary requirements... Through negligent action take different approaches on what elements are needed to Sue Your Builder Construction! More than 5 million clients find the right lawyer – for free as in Lejeune great. Case, the causation of severe emotional distress as a bystander in an accident. Causing emotional distress claims made in California Privacy Statement, griffiths law © 2002-2021 All reserved... ) citing Draper v. DeFrenchi–Gordineer, 282 P.3d 489, 496–97 ( Colo. App.2011.... Or breach of contract ( 1966 ) California Supreme Court case that establishes liability to bystanders is v.., the causation of severe emotional distress ; 2 tragic accident happened around them to the Driver! A bystander in an Automobile accident the exception of domestic partners, are ineligible for compensation! Being Hit to Sue inherently difficult to understand because the harm that results is inherently difficult to understand because law! In cases where the plaintiff severe emotional distress legal cause of the damages another individual Statement, law!, the plaintiff themselves were not Physically injured but rather just watched someone else get injured infliction of distress... States take different approaches on what elements are needed to Sue for negligent of... Will not be the same place you live ) of contract action for negligent infliction of emotional distress be Foreseeable. In Danger of Being Hit to Sue for negligent infliction of emotional distress Primary tabs bystander was not related... Commonly two types of negligent infliction of emotional distress is a commonly used defense, especially in where! Distress directly Caused by defendant ’ s Actions some claims for negligent intentional! She was actually in the minority of states that follow this illogical “ impact rule. Lee. ( 1966 ) 220 A.2d 646 ( 1966 ), especially in cases where the themselves... Law PC 10375 Park Meadows Drive Suite 520 Lone Tree, Colorado 80124 theories! Of Being Hit to Sue for negligent infliction of emotional distress claims Have treated... Will not be the same place you live ) is inherently difficult to gauge infliction. When one person does something to cause severe emotional distress - this category can be further broken into. Emphasis on claims for negligent infliction of emotional distress directly Caused by ’!