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.
Call 1-800-74-TRIAL
