Personal injury laws in Tennessee cover not only physical injuries but also emotional and mental distress. Negligent infliction of emotional distress (NIED) is a legal claim that can be made under certain circumstances to recover damages for the emotional trauma caused by the wrongful conduct of another. In this article, we will discuss the elements of an NIED claim in Tennessee and the legal process of pursuing such a claim.
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Overview of Negligent Infliction of Emotional Distress
NIED is a common law tort that permits recovery for emotional distress suffered by a person who was not physically injured by the defendant’s conduct but was present at the scene of the injury or harm to another person. NIED may also apply when the defendant’s conduct places the plaintiff in immediate risk of physical harm or death, even if no physical harm results.
Elements of an NIED Claim in Tennessee
To succeed in an NIED claim in Tennessee, the plaintiff must prove the following elements:
Duty
The defendant had a duty of care toward the plaintiff, which means the defendant had a legal obligation to act reasonably to avoid causing harm to others.
Breach
The defendant breached that duty by acting unreasonably or failing to act when they had a duty to do so.
Causation
The defendant’s breach of duty caused the plaintiff to suffer emotional distress, which means that the plaintiff’s emotional distress was a direct result of the defendant’s wrongful conduct.
Severe Emotional Distress
The plaintiff’s emotional distress was severe or extreme, which means that a reasonable person would have suffered significant emotional distress under the same circumstances.
Proximity
The plaintiff was in close proximity to the defendant’s conduct or the harm suffered by another person, such that the plaintiff was able to perceive the harm being inflicted.
Physical Symptoms
The plaintiff suffered physical symptoms as a result of their emotional distress, such as headaches, nausea, or sleep disturbances.
Types of NIED Claims
There are two types of NIED claims that can be made in Tennessee:
Direct Victim NIED
Direct victim NIED claims are made when the plaintiff is in the "zone of danger" and is a known victim of the defendant’s wrongful conduct. To succeed in a direct victim NIED claim, the plaintiff must show that they were in immediate danger of physical harm or death as a result of the defendant’s actions, and that they suffered emotional distress as a result.
Bystander NIED
Bystander NIED claims are made when the plaintiff is not physically injured but suffers emotional distress due to witnessing a traumatic event happen to another person. To succeed in a bystander NIED claim, the plaintiff must show that they were in close proximity to the traumatic event, and that they suffered emotional distress as a result of witnessing it.
Statute of Limitations
In Tennessee, the statute of limitations for personal injury claims, including NIED claims, is one year from the date of the injury or harm. This means that the plaintiff must file their claim within one year of the incident or be barred from seeking damages.
Legal Process
If you believe you have an NIED claim in Tennessee, you should consult with an experienced personal injury attorney to discuss your case. An attorney can evaluate the facts and circumstances of your case, determine the best legal strategy, and help you pursue your claim.
To pursue an NIED claim in Tennessee, the plaintiff must file a lawsuit in the appropriate court and serve the defendant with notice of the lawsuit. The defendant will then have an opportunity to respond to the lawsuit, either by admitting or denying the allegations.
Discovery is the process by which the parties exchange evidence and information related to the case. This process may include written requests for information, depositions, and other forms of discovery.
If the case does not settle during the discovery phase, it may proceed to trial. At trial, the plaintiff will have the burden of proving each element of their NIED claim by a preponderance of the evidence. If the plaintiff is successful, they may be awarded damages for their emotional distress.
Conclusion
Negligent infliction of emotional distress is a legal claim that can be made when a person suffers emotional trauma as a result of the wrongful conduct of another. In Tennessee, a plaintiff must prove several elements to succeed in an NIED claim, including duty, breach, causation, severe emotional distress, proximity, and physical symptoms. There are two types of NIED claims, direct victim and bystander, and the statute of limitations for personal injury claims in Tennessee is one year. If you believe you have an NIED claim, you should consult with an experienced personal injury attorney to discuss your options.