Differences Between Negligent & Intentional Infliction of Emotional Distress

When something truly upsetting occurs, it can impact your life in many ways. In some cases, you may feel like it’s hard to eat, sleep, or even take care of your loved ones.

Luckily, with the help of an injury attorney, there are ways to seek compensation from the person or party who caused your distress. These claims can be divided into two major categories: negligent and intentional infliction of emotional distress. Here’s a closer look at the difference between these claims.

Negligent Infliction 

In this case, the plaintiff has experienced mental or emotional damages as a result of someone else’s carelessness or negligence.

To prove a negligent infliction of emotional distress (NIED) claim, the plaintiff and their attorney must prove that the defendant acted negligently, such as by texting while driving. Then, their actions must have resulted in an incident that caused mental distress or emotional trauma in someone. 

For example, if a distracted driver hit a child riding a bike, and the child’s parent witnessed their death, they might be able to file an NIED claim against the driver. In many cases, it helps if there are physical manifestations of mental or emotional suffering, such as trouble sleeping, panic attacks, or loss of appetite—although this isn’t necessary for every claim.

Intentional Infliction 

If the mental or emotional trauma is caused by an intentional action, the plaintiff can file an IIED claim. This is often common in workplace environments, such as when someone in a leadership position verbally abuses an employee.

In this case, the discriminatory remarks were made voluntarily and were more than just careless mistakes. While getting fired isn’t a cause for an IIED claim, any extreme or outrageous actions are, such as false imprisonment, sexual harassment, or violent threats.

In this case, the injury attorney must prove that the intentional act caused the plaintiff mental or emotional suffering. Physical manifestations of the trauma also bolster this kind of case. Being seen by a therapist or psychiatrist likewise helps prove the effect of the distress, such as receiving a diagnosis for PTSD. 

The Foreseeability Rule

Most states use the foreseeability rule to determine whether the defendant is guilty. This means that the defendant must have been reasonably able to predict that their actions could cause the damages they did.

For example, the driver knew that by texting, they were at a much greater risk of injuring others on the roadway and possibly causing a fatality that would cause an onlooker extreme distress. Additionally, the supervisor should have known that their verbal abuse would traumatize an employee.

If you believe you were a victim of negligent or intentional infliction of emotional distress, count on the injury attorneys at The Law Offices of Gallner & Pattermann, P.C., to support your case. This Council Bluffs, IA, firm has been helping injured individuals receive the compensation they deserve since 1974, whether their injuries are physical or not.

Their compassionate team has over a century of combined experience, and they work tirelessly to improve their skills at every turn. Learn more about their work on their website or call (712) 323-0999 to arrange for a free consultation.