Are Family Members of Accident Victims Entitled to Compensation for The Negligent Infliction of Emotional Distress?
When a loved one is injured in an accident due to the negligent actions of another person or entity, the emotional toll on family members can be devastating. For example, a parent who sees their child struck by a negligent driver can suffer serious emotional distress that can give rise to a claim of Negligent Infliction of Emotional Distress. The law in this area is complex and constantly evolving. The Law Offices of Ali Taheripour can help you determine whether the specific facts of your case can give rise to a claim for NIED according to the legal standards set out by California Courts.
California's Standards for Negligent Infliction of Emotional Distress Claims
There are many cases over the years where California courts have analyzed and refined legal standards for Negligent Infliction of Emotional Distress (NIED). The following criteria are a starting point in evaluating claims of NIED in California:
- Close Family Relationship: A plaintiff in a NIED claim must demonstrate that they are “closely related to the injury victim.” In California, grandparents, parents, spouses, children, and siblings of an injury victim have been able to make NIED claims. However, it is possible that other relatives who live in the same household may also be able to demonstrate that they are “closely related to the injury victim.”
- Present and Aware: A plaintiff in a NIED claim must demonstrate that they were present at the scene of the injury-producing event at the time it occurred and they were then aware that it was causing injury to the victim.
- Serious Emotional Distress: A plaintiff in a NIED claim must demonstrate that they suffered serious emotional distress as a result of the injury to their close family member. Emotional distress includes suffering, anguish, fright, horror, nervousness, grief, anxiety, worry, shock, humiliation, and shame. Serious emotional distress exists if an ordinary, reasonable person would be unable to cope with it.
Expanding Interpretations of Negligent Infliction of Emotional Distress Claims
The legal interpretation of NIED claims in California is always evolving. For example, the requirement that a close family member must be present at the scene of the injury may have been narrowly interpreted in the past to require physical presence. But a recent California Court of Appeals case held that parents could make a NIED claim even though they were not physically present at the scene of the injury to their loved one. In that case, the parents had observed a person hurt their child through the livestream of a “nanny cam” on their cell phone. The Court has recognized that with the advent of modern technology, virtual presence can satisfy one of the requirements of a NIED claim in California.
In an even more recent case, a parent was on the phone with their teen when the teen was involved in a car accident. The parent heard the crash and immediately realized their teen had been injured. Although the parent was not physically present at the scene, the Court recognized that they were aware of their close family member being injured as the incident was happening, and they experienced serious emotional distress as a direct result of the incident.
How the Law Offices of Ali Taheripour Can Help
At the Law Offices of Ali Taheripour, we have experience in Negligent Infliction of Emotional Distress claims. Our team is committed to helping families affected by tragic accidents receive the compensation they deserve. If you or a loved one believes you may have a claim for NIED, contact us today for a consultation. Let us review the specific facts of your case and help you obtain compensation.