What Is Negligent Infliction of Emotional Distress (NIED) - Elements of Negligent Infliction of Emotional Distress Lawsuits - South Carolina Emotional Distress Lawsuit

What Is Negligent Infliction of Emotional Distress (NIED) 

How Witnessing a Tragedy Can Lead to Compensation

When someone experiences a traumatic event, the emotional toll can be just as devastating as physical injuries. In personal injury law, this emotional harm is sometimes recognized as negligent infliction of emotional distress (NIED), and it can lead to significant compensation for those affected.

NIED occurs when someone suffers severe emotional distress due to another person’s negligent actions. Unlike physical injury cases, the harm in NIED claims is emotional, but it’s still possible to seek compensation.

For instance, we recently represented a family member who witnessed the death of a loved one in a car accident caused by another driver’s negligence. The child of the deceased was not physically injured, but had to deal with the emotional trauma of seeing their parent die in front of them.

 

Elements of Negligent Infliction of Emotional Distress Lawsuits

In South Carolina, a plaintiff pursuing a negligent infliction of emotional distress claim must show that the defendant acted negligently and that this negligence caused severe emotional harm. The state allows recovery either when the plaintiff experienced some physical impact during the incident or when the plaintiff qualifies under the bystander rule. The bystander rule is valid under the following circumstances:

 

  • The were present at the scene of the accident
  • Directly witnessed the negligent injury or death of a close family member
  • Developed significant emotional distress as a result of witnessing the event rather than learning about it afterward.

 

The emotional harm must be serious, and South Carolina courts interpret serious emotional distress as more than temporary upset or ordinary grief. It must be significant enough to affect daily functioning and is typically supported by medical or psychological evidence showing conditions such as anxiety disorders, depression, post traumatic stress symptoms, or other disturbances that a reasonable person would recognize as substantial. Foreseeability also plays a role because the defendant must have been in a position where it was reasonably predictable that such distress could result from the negligent conduct.

How to Recover Compensation in An Emotional Distress Lawsuit in South Carolina

Even though the child didn’t suffer any physical harm in the case mentioned above, our wrongful death lawyers pursued a claim for negligent infliction of emotional distress and were able to secure a $1 million settlement. The key to winning such cases is proving that the emotional distress was severe, and that the individual had a close familial relationship with the victim.

If you are close to someone who is injured or killed in an accident, and you suffer emotional harm, it’s important to seek legal advice as soon as possible. Emotional distress claims are often tied to the immediate aftermath of the incident, so it’s critical to get medical documentation of the distress early.

No amount of money can bring a loved one back, but it can help in the healing process of that individual. We’ve seen these claims pay out significant amounts when clients take the necessary steps to get help and let their lawyers work through the legal nuances of the case. If you have suffered serious emotional trauma by witnessing a loved one be killed or seriously injured, reach out to the Lovely Law Firm to see how we may be able to assist you.

Every case is different. Results vary.