Friday, September 27, 2013

Negligent Infliction of Emotional Distress

Negligent Infliction of Emotional Distress (NIED) is a civil claim of action to recover payment for damages negligently inflicted on you by another person. 

This tort is somewhat controversial and some courts around the United States do not recognize this cause of action.  Hawaii, however, was one of the first states to recognize a claim for NIED and has been at the forefront of its development. The Supreme Court of Hawaii has decided several cases that leave no doubt as to the existence of the tort in Hawaii. 

Generally, to win an NIED claim, you must show that someone owed a legal duty to use reasonable care to avoid causing you emotional distress. Typically you usually must have a physical manifestation of your injury. There are some exceptions to the physical manifestation requirement and the Supreme Court of Hawaii has specifically held that it is possible in certain circumstances, to recover damages based only on serious emotional distress. Emotional distress is defined as mental worry, anxiety, anguish,suffering, and grief. 

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