Negligent Infliction of Emotional Distress in Personal Injury Cases

According to the United States Supreme Court, it is a mental injury separate from pain and suffering. Post traumatic stress disorder is probably the most commonly known affliction known to be caused by a horrific event in the individual’s personal life. If you are suffering from severe mental anguish or distress following an accident, call upon a Missouri personal injury attorney to help you seek compensation. These are serious medical conditions that could adversely affect your quality of life.

There are two types of emotional distress claims. The first is negligent infliction of emotional distress, NIED, where the defendant’s carelessness caused the injury. The second is known asintentional infliction of emotional distress or IIED. You will see that type of claim often in libel or slander lawsuits. Intentional or not, if an individual has caused you such damage they should be held accountable for your injury.

Most personal injury claims have some element of mental distress outlined in the damages. What sets apart an NIED claim is that there normally is no physical injury to go along with the mental one. Since this can open the door to frivolous hurt feelings lawsuits, there is certain criteria that must be met before the case can be heard that varies from state to state. A few states mandate that there must be some form of physical contact, however minor, to warrant the claim.

Other states, like Missouri, have what is commonly called the zone of danger rule, where the plaintiff has to prove that they were in close enough proximity to the negligent to fear risk of injury themselves. Both of these rules mandate that the emotional distress was caused by a fear of being injured.

Most states follow what is called a foreseeability rule which is standard in almost all personal injury claims. The plaintiff needs to show how the defendant should have reasonably been able to predict the end result of his reckless or negligent behavior.

NIED rules change slightly when family members are involved. The plaintiff’s mental distress in these cases is caused by witnessing an accident involving a loved one. Such as with the St. Louis resident who witnessed his father being hit and killed by a moving train. His witnessing the accident and the mental anguish that ensued prompted a jury to award him $300,000.

St. Louis Personal Injury Attorneys

Whatever the circumstances may be, mental anguish or distress is a serious condition that should be treated as any other injury. Many who suffer from ailments such as PTSD usually exhibit physical side effects as well, such as difficulty eating and sleeping. If you think you or a family member have suffered mental anguish from witnessing an accident, you should speak with a Missouri personal injury. They will have the know how to help you make a decision on the legitimacy of the claim and get you the compensation you deserve.

Call the Zevan and Davidson Law Firm at (314) 588-7200 to speak with a highly qualified St. Louis personal injury attorney.