Go to navigation Go to content
Toll-Free: 1-800-74-TRIAL
Phone: (561) 655-3925

Proving a Claim for Nelgigent Infliction for Emotional Distress

Negligent infliction of emotional distress (NIED) is a cause of action arising from the plaintiff’s involvement in an event, causing negligent injury to another person whom the plaintiff has a close personal relationship with. To allege a cause of action for negligent infliction of emotional distress, the plaintiff must prove the following elements:

• The plaintiff must suffer a physical injury;
• The plaintiff’s physical injury must be caused by the psychological trauma;
• The plaintiff must be involved in some way in the event causing the negligent injury to another; and
• The plaintiff must have a close personal relationship to the directly injured person.

A West Palm Beach personal injury lawyer has the burden of proving causation when a psychological trauma causes physical injury or when a minor physical injury manifests into a serious physical impairment. Causation is a factual question which should be determined on a case by case basis by the trier of fact.

Additionally, to state a claim for negligent infliction of emotional distress within the statute of limitations, the cause of action must be commenced within four years. A cause of action for negligent infliction of emotional distress accrues from the time of the discovery of the injuries.

If you believe you have experienced emotional distress due to a traumatizing event, the West Palm Beach personal injury attorneys of Sharmin & Sharmin P.A. are here to help you. We offer a free consultation and will work hard to get you the recovery you deserve. Call 1-800-74-TRIAL.




 All material contained in this site is for informational purposes only and is not meant to take the place of a licensed lawyer. Attempting to use this material to help yourself may result in irreparable harm to your case. Please consult a License Florida lawyer for help. Examples including case law, rules of procedure and satutory law are for demonstrative purposes and may not be Florida Specific. No attorney client relationship is formed unless we accept your case and you sign a contract.
Call 1-800-74-TRIAL
 


Florida Child Injury Lawyer