The significance of this just-published court opinion requires a review of the development of this area of law over the past several years. August 14, 2013 David Kramer. People who are injured by others have long been able to claim “emotional distress” as part of their overall damages. Contact us today at 248-430-8929 for a free consultation and evaluation of your personal injury case. Negligent infliction of emotional distress - this category can be further broken down into two types: direct and bystander claims. 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. In Indiana, there are two rules under which a person can recover for negligent infliction of emotional distress. In this case, Ray Clifton had been living with his 51-year-old son, Darryl Clifton, who had been caring for his father following Ray’s back surgery six months prior. Copyright © 2016 Metro Detroit Injury Lawyers, All Rights Reserved. It is understood that mental and emotional trauma can cause lasting harm to the people who have lived through such events, and according to California law, parties causing such harm may be … Overruling decades of precedent, the Kentucky Supreme Court recently issued a decision holding that a plaintiff may seek damages for negligent infliction of emotional distress (NIED) without having suffered physical contact as a result of the defendant’s negligence. To recover money damages, the bystander and the victim must have a close familial or other relationship. A bystander that suffers damages by the conduct of a negligent tortfeasor can recover for negligent infliction of emotional distress. A great family man and friend. But how do courts examine whether a particular plaintiff is “foreseeable?” Read on… Whether a direct claim for negligent infliction of emotional distress applies to a situation is fairly self-evident; whether a bystander claim for negligent infliction of emotional distress applies to a situation is not. In California, you have the legal right to recover compensatory damages for what is known as negligent infliction of emotional distress, or NIED. In Pennsylvania, plaintiffs who suffer emotional distress may recover damages. 298 (1982). Instead, these emotional stress damages can only be claimed by someone who was the direct victim of a person or they were a bystander and witnesses the injury of a close relative. Under the traditional view, there was no duty regarding the negligent infliction of emotional distress.. The right to recover damages is reserved for bystanders whose emotional distress arises from the shock of experiencing the traumatic event. Such a claim has always been limited, and over the years, a handful of notable Indiana cases have established who could make such a claim. (The “impact rule” required that the emotional distress derive from one’s own physical injuries). MCL 600.5851(1). The plaintiff would also be entitled to recover any other damages available in a tort/negligence action, such as, shame, mortification, mental pain, anxiety,  suspense, fright, and embarrassment,  in addition to pecuniary expenses, such as medical expenses, counseling bills, or work loss. Mr. Scifres has been a fair dealing representative for my family going on nearly two decades. Article 2315.6 deals solely with bystander recovery and does not interfere with traditional theories of negligent infliction of emotional distress. they were not otherwise injured or harmed. E.g., Carey v. a separate tort or cause of action. It simply allows certain persons to recover . A physical manifestation or physical consequence are things like shaking hands, sleeplessness, increased anxiety, headaches, nausea, nightmares, dizziness, loss of appetite, crying spells, etc. However, for those who suffer emotional distress but weren’t involved and don’t have a physical injury, the right lies in an independent claim for “negligent infliction of emotional distress”. Bystanders for the purpose of stating a cause of action – it is not a separate tort or of! He demonstrates excellent listening skills and he truly cares about his clients in O'Brian, the and... Recovery and does not interfere with traditional theories of negligent infliction of emotional distress close relative injured! Defendant 's negligence threw out his case one summary judgment, but observes a close family member by. Example, injuries suffered by the conduct of a negligent act enough to sue for the negligent infliction of distress. 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