Legal Definitions - Negligent infliction of emotional distress

Negligent infliction of emotional distress (NEID) is a legal term that refers to emotional distress caused by someone's careless actions. This is different from intentionalinfliction of emotional distress (IIED), which involves someone intentionally causing emotional harm to another person.

Each state has its own rules about when NEID can be claimed and how damages are calculated. There are generally three categories:

• Most states allow NEID claims when the defendant's actions were reasonably foreseeable to cause emotional distress.
• Some states only allow NEID claims when someone was in a "zone of danger" and feared physical harm.
• A few states require some physical injury to the plaintiff in order to claim NEID.

For example, if someone assaults a server in a restaurant, anyone sitting nearby could be in the "zone of danger" and fear for their own safety. If they suffer emotional distress as a result, they may be able to claim NEID.

Another example could be a doctor who negligently misdiagnoses a patient, causing them to suffer emotional distress from the fear of their illness getting worse. If the patient can prove that the doctor's actions were negligent and caused their emotional distress, they may be able to claim NEID.