Divorce is hard. There's no way to make this emotionally challenging time a walk in the park, but there is one way to make it simpler: hire a good attorney. A divorce attorney can act as your go-between during the proceedings, which minimizes the contact you need to have with your ex-spouse. Overall, this can lead to fewer arguments and a settlement that is more fair for all parties involved. If you're on the brink of divorce, we think reading a little more about divorce attorneys on this blog will be helpful. That way, you are prepared for what is to come.
Going through a divorce can be one of the most challenging and emotionally draining experiences anyone ca
Divorce and custody battles are often one of the most stressful and emotional experiences a family can go
Divorce can be a difficult and emotionally draining process. Couples who are going through a divorce ofte
Child custody cases are emotionally charged as they involve questions about the safety, well-being, and u
Divorce is a challenging and emotional process, often accompanied by disagreements and disputes over vari
The law recognizes that injuries are not always physical — mental or emotional injuries do exist. If someone's negligence causes you emotional injury, then that person should compensate you for your damages just as they would need to do if your injuries were physical. Personal injury claims based on this premise fall under negligent infliction of emotional distress (NIED).
The Applicable Rules
Just like other forms of negligence claims, you need to prove a few specific things to succeed with your NIED claim. The exact proof will depend on the applicable laws of the state in which the accident occurred. Below are some of the rules different states have adopted
Impact Rule
Some states will only award you an NIED claim if the defendant's act caused something to contact you or impact on you. The law doesn't care how minor the contact was. The nature of the contact also doesn't matter. Thus, even a small piece of debris that drops on your coat during an accident satisfies the impact requirement.
Zone of Danger Rule
In states that follow this rule, you can only win your NIED case if you were reasonably near the accident scene. The rationale is that only those who were reasonably near the accident scene will develop emotional injury since they feared for their lives. The zone of danger includes an area that the defendant's negligence could have affected, even if it did not affect.
Consider a case where a motorist loses control of their car and the car misses you by a few inches. In such a case, you were in the zone of danger because the car could have hit you. However, you were not in the zone of danger if you watched the car from the safety of a nearby balcony that the car couldn't reach.
Foreseeability
The foreseeability rule only gives NIED awards in cases where the defendant was able to or should have predicted the negative effects of their actions. For example, a driver who takes their hands off the steering wheel while speeding knows or should know how risky their act is. As a passenger in the car, you can use NIED laws to pursue compensation against the driver.
It doesn't matter whether the driver ended up causing an accident or not. For such a reckless act, your fear of a crash is enough to trigger an NIED claim.
Consult personal injury law services if you have suffered emotional injuries because of another person's injuries. Your lawyer will examine the circumstances of your case to determine the viability of a claim.
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