Personal injury cases in which the harm is psychological instead of physical fall under the category of NIED, or Negligent Infliction of Emotional Distress. Legislation related to this types of lawsuits is established across the United States, but there are, of course, variations on a state-by-state basis. Emotional injuries are worthy of damages in the courtroom under NIED guidelines, but it’s important for victims to be aware of what exactly their rights are when attempting to pursue compensation for an incident involving NIED.
Since the injuries pertaining to Negligent Infliction of Emotional Distress claims aren’t necessarily “tangible,” legal authorities maintain that an appropriate amount of evidence is provided before damages can be granted to plaintiffs. Otherwise, persons might pursue compensation illegitimately simply because their feelings were hurt. Testimonies from witnesses are always ideal in these types of lawsuits so that the court may be assured that reactions to incidents causing emotional distress are accurately portrayed during litigation.
An example of a common scenario in which NIED claims might be legitimately filed is that of a car accident involving the death of a survivor’s loved ones. Even if the mental trauma from such an event isn’t severe enough to qualify as PTSD, a third party could reasonably assume the actuality of emotional distress under such circumstances. However, Tennessee courts also maintain that physical evidence of harm in NIED cases is the ideal means of supporting a victim’s claims of emotional trauma. If witnesses aren’t available and physical evidence pertaining to consequences is lacking, then it’s crucial that psychological expert testimonials are sought in order to confirm that mental distress has indeed been inflicted as a result of the incident in question.
Another important aspect of NIED lawsuits relates to the legal definition of negligence as it pertains to emotional distress. Tennessee state law stipulates 5 factors which prove “general negligences:”
What this boils down to is that lawmakers are most concerned with the potential for NIED lawsuits to be filed on a trial basis. There’s no “right way” to determine whether an emotional injury is truly severe, and despite the fact that many prospective circumstances might involve emotional distress which is unaccompanied by physical symptoms, the justice system must do everything in its power to ensure that these types of personal injury claims aren’t taken advantage of.
At Turner Law Offices, P.C., our team of attorneys has years of experience working with clients across a wide range of cases related to personal injury — including situations involving emotional distress. Whether you’re the victim of an incident that’s caused mental trauma, or you’re accused of negligence in a similar situation, we know the most efficient means of pursuing a satisfactory resolution. Call today, or go online to set up your Free Initial Consultation, and meet with a skilled lawyer who’s ready and waiting to get you on track toward the compensation you deserve.
