Can emotional distress be claimed as a result of negligence?

Yes, emotional distress can be claimed as a result of negligence, but the process and requirements for such a claim can vary depending on the jurisdiction and the specifics of the case. Emotional distress generally refers to mental suffering, anxiety, or anguish that occurs as a result of another person’s actions. In many cases, emotional distress is an additional form of damage that can be claimed alongside physical injuries, but it can also be the primary claim in certain situations.

Types of Emotional Distress Claims

Negligent Infliction of Emotional Distress (NIED)

In negligence cases, emotional distress can sometimes be claimed under the legal theory of negligent infliction of emotional distress (NIED). To successfully prove NIED, the plaintiff must meet certain legal criteria, which typically include:

• The Defendant’s Negligence: The defendant must have acted negligently, meaning they failed to exercise reasonable care in a situation where harm was foreseeable.
• Proof of Emotional Distress: The plaintiff must show that they suffered emotional distress as a direct result of the defendant’s negligent actions. Emotional distress can include symptoms such as anxiety, depression, insomnia, or general mental suffering.
• Physical Harm or Close Proximity to the Incident: Some jurisdictions require that the emotional distress must be linked to physical injury, either to the plaintiff or to a close family member. In some cases, the plaintiff may have to prove that they were in close physical proximity to the incident (for example, witnessing an accident) and were severely affected by it.

Example

If a person witnesses a car accident caused by someone else's careless driving and suffers extreme anxiety, nightmares, or panic attacks as a result, they may be able to file a claim for emotional distress under NIED if the emotional suffering is proven to be significant.

Impact on the Plaintiff’s Life

Emotional distress can also be claimed if it causes significant disruptions in the plaintiff's life, such as the inability to work, engage in normal activities, or maintain relationships due to the psychological impact of the incident. If a plaintiff can demonstrate how the emotional distress has impaired their quality of life, they may have a stronger case for compensation.

Legal Requirements for a Successful Claim

• Foreseeability: The emotional distress must be a foreseeable consequence of the defendant's negligent conduct. For example, if a person is negligently exposed to a traumatic event (such as a violent accident or witnessing a crime), it is reasonable to foresee that this could cause emotional suffering. However, emotional distress claims are often denied when the distress is seen as too remote or not a direct consequence of the negligence.
• Severity of the Distress: Courts typically require that the emotional distress be severe, not just a mild upset or temporary anxiety. In some jurisdictions, the emotional distress must be supported by medical evidence, such as a diagnosis from a mental health professional, to substantiate the claim.
• Direct Involvement: While emotional distress can sometimes be claimed without physical injury, courts often require that the plaintiff was directly involved in the incident or was in close proximity to the event. For example, witnessing a traumatic event may be grounds for an emotional distress claim, but being informed about it second-hand may not be sufficient.
• No Physical Injury Requirement in Some Cases: Some jurisdictions allow emotional distress claims to be made without a physical injury, provided that the emotional suffering is severe and directly tied to the negligent action. However, other jurisdictions may require some level of physical harm or risk of harm to the plaintiff or a close family member for the claim to succeed.

Example

Imagine a person is walking down the street when a distracted driver runs a red light and nearly hits them. While the person avoids physical injury, the close call causes them significant emotional distress, including anxiety, insomnia, and panic attacks. If they can show that this distress is directly linked to the driver's negligence, they may have a valid claim for emotional distress, particularly if the distress is severe and supported by medical documentation.

Conclusion

While emotional distress can be claimed in negligence cases, the requirements for a successful claim can be stringent. Victims must prove that the distress was a foreseeable consequence of the defendant’s actions and that it caused significant harm to their mental well-being. In many cases, providing medical evidence and demonstrating the severity of the emotional suffering will be key to securing damages.