Beyond physical harm, accidents often inflict lasting emotional trauma on victims and their family members. This distress can persist for years or even a lifetime. As such, those who witness a loved one’s tragic accident and suffer emotional distress, despite being physically unharmed, have the right to sue for negligence-inflicted emotional distress (NIED). Please read on as we explore what you should know about these matters and the importance of connecting with an experienced New York City Personal Injury Attorney to pursue the justice you deserve.
Can Family Members Claim Emotional Distress Because of My Injuries?
Under New York law, immediate family members may establish a claim for emotional distress if the following is true:
- The defendant unreasonably exposed the victim and an immediate family member to physical harm
- The plaintiff witnessed the accident and a serious injury
- The plaintiff suffered emotional harm
- The defendant’s conduct was a substantial factor in causing the injury to the family member
A family member can potentially claim emotional distress due to a loved one’s injuries if they were in the “zone of danger.” This rule allows individuals who were threatened with bodily harm to recover for emotional distress if they witnessed the death or serious injury of an immediate family member. Generally, parents, children, siblings, and grandparents qualify as “immediate family.”
Although the zone of danger rule is a specific exception, New York courts recognize NIED claims. To recover compensation, the plaintiff will need to demonstrate that the defendant acted negligently, causing the plaintiff to suffer severe emotional distress. If the defendant’s conduct was intentional or reckless, resulting in extreme emotional distress, you may be entitled to pursue a claim for IIED (intentional infliction of emotional distress).
Proving a family member’s emotional distress can be challenging as it requires objective evidence with personal accounts. This includes documenting your mental suffering through medical records, therapy sessions, witness testimonies, and expert opinions. It’s crucial to show how it impacts your daily life.
What is the Statute of Limitations?
It’s important to understand that in New York, the statute of limitations for filing an IIED and NIED claim is usually one year from the date of the incident that caused the distress to manifest. Failure to file your claim within the right timeframe will result in the absolute bar of recovery. This means you will waive your right to pursue compensation for your damages.
If you or your family member is experiencing emotional distress caused by the negligent or intentional actions of another party, it’s advisable to connect with an experienced attorney from Swerling Law, who can help you navigate the complexities of the legal process, protect your rights, and fight for the compensation you deserve. Connect with our firm today to schedule a consultation.