negligent infliction of emotional distress

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Negligent infliction of emotional distress (NEID) is a tort, defined as emotional distress caused by negligent action. States differ greatly as to when they allow a cause of action for NEID and exactly how damages are calculated, unlike intentional infliction of emotional distress (IIED)

States mostly fall into three categories on how they allow NEID claims: 

  • Most states allow NEID claims when the defendant’s actions were reasonably foreseeable to cause the emotional distress. 
  • Some states only allow for an NEID claim when nearly missing physical harm and fearing such harm, termed being in a zone of danger
    • For example, if someone assaulted a server, anyone sitting by the server could be in the zone of danger as they may have thought they were also going to be assaulted. 
  • A few states require at least some physical injury to the plaintiff in order for NEID to be claimed at all. 

[Last updated in December of 2022 by the Wex Definitions Team]