Negligent Infliction of Emotional Distress in Tennessee
The state of Tennessee recognizes the tort (personal injury action) of negligent infliction of emotion distress (NIED) even though several jurisdictions do not. What is it? NIED is based on a theory that individuals have a duty to use reasonable care to avoid causing emotional distress to another individual.
In the typical case, the plaintiff observes first-hand an accident that causes a Tennessee wrongful death or serious personal injury to a close relative. The plaintiff then brings an NIED action for the serious emotional injuries that he or she sustained as a result of witnessing the accident.
While the standard negligent elements apply (duty, breach of duty and causation), there are other “gate-keeping” elements that must be established for a successful NIED claim: If the plaintiff does not actually witness the injury-producing event, the following elements must be proved:
- the actual or apparent death or serious physical injury of another caused by the defendant's negligence,
- the existence of a close and intimate personal relationship between the plaintiff and the deceased or injured person,
- the plaintiff's observation of the actual or apparent death or serious physical injury at the scene of the accident before the scene has been materially altered, and
- the resulting serious or severe emotional injury to the plaintiff caused by the observation of the death or injury.
If the plaintiff witnesses the injury-producing event, he or she may recover without proof of a close personal relationship with the victim.
If you recently observed a traumatic event and have suffered serious emotional injuries as a result, you may have a claim for NIED. Call 866-853-2888 to speak with the experienced Knoxville personal injury attorneys at Baker Associates today for a free consultation.
