What It Takes To Prove A “Negligent Infliction of Emotional Distress” Claim in Nevada

When life forces you to face a traumatic event, and it’s all because of someone else’s carelessness, the emotional fallout can stick around long after any scrapes or bruises have faded. Nevada law recognizes that that kind of suffering isn’t just “in your head.”  It can be as real and debilitating as broken bones.  That being said, making a case for someone’s “Negligent Infliction of Emotional Distress” against you, otherwise known as NIED, isn’t simple or straightforward. 

Getting a Handle On Negligent Infliction of Emotional Distress (“NIED”)

Simply put, NIED is about those times when someone’s sloppy actions – their carelessness – hit you with a wave of severe emotional pain. It’s different from when someone tries to hurt your feelings.  With NIED, you don’t have to prove they set out to cause you harm. Instead, the focus is on showing that their negligence directly led to your emotional distress.

When Can You File An NIED Lawsuit in Nevada?

Nevada courts generally look at two main situations for an NIED claim:

1. Direct Victims: This occurs when someone’s negligence has a direct impact on you, causing emotional distress. Imagine a doctor mistakenly telling you that you have a terrible illness, only for you to find out later that your results were perfectly normal – that could be an NIED claim.

2. Bystander Claims: This scenario applies if you were right there, witnessing a loved one get seriously hurt or even killed due to someone else’s negligence, and it caused you profound emotional harm. Good news: Nevada law explicitly acknowledges your right to seek compensation as a bystander, provided you meet certain conditions.

The Core Ingredients For A Winning NIED Claim

To succeed in an NIED lawsuit in Nevada, you’ve got to build your case on these key elements:

1. Duty of Care: First off, you need to prove the other person had a “duty of care” toward you. This means they had a legal obligation to act responsibly and avoid causing harm to you or your loved ones. Think of it like this: drivers have to drive safely, doctors must diagnose accurately, and property owners need to keep their premises safe.

2. Breach of Duty: Next, you must show how they messed up – how they were negligent and “breached” that duty. Whether it was speeding, a medical mistake, or failing to secure a dangerous area, their actions simply weren’t what a reasonable person would do.

3. Causation: This is often the trickiest part. You have to draw a straight line from their negligent actions directly to your emotional distress. Nevada courts are pretty straightforward: your emotional harm needs to be a direct result of seeing or experiencing the traumatic event, not just hearing about it secondhand.

4. Severe Emotional Distress: Being a little annoyed or uncomfortable won’t cut it. Nevada law demands that your emotional suffering be severe, long-lasting, and can be proven. Things like deep anxiety, depression, PTSD, chronic insomnia, or recurring panic attacks – basically, anything a medical professional would recognize – typically fit the bill as “severe emotional distress”.

Special Rules for Bystander Claims in Nevada

If you’re coming forward with an NIED claim because you were a bystander, Nevada courts tack on three more specific hurdles:

• Close Relationship: You need to have a tight family connection – usually a parent, child, sibling, or spouse – with the person who was hurt or killed.

• Direct Observation: You had to witness the incident firsthand. Hearing about it from someone else later simply won’t qualify.

• Immediate Emotional Reaction: The severe emotional distress must have hit you right away as you witnessed the event.

Meeting these points is necessary to prove your case under Nevada law.

The Type Of Proof You’ll Need To Win Your NIED Case

Winning an NIED case calls for solid, convincing evidence. You’ll strengthen your position significantly by gathering the following:

• Medical Records: Get those diagnoses from your psychiatrists, psychologists, or therapists. Ensure they clearly document your emotional state and tie it directly to the incident in question.

• Witness Testimony: Statements from people who know you well – family, friends, colleagues – who can speak to your emotional decline or any noticeable changes in your behavior.

• Documentation of the Event: Police reports, video footage, or any official records that show precisely what went down and who was at fault.

• Expert Testimony: Medical experts who can step in and explain just how severe and legitimate your emotional distress is.

The more undeniable your evidence, the better chance you have at success.

There Are Time Limits Filing An NIED Claim

Under Nevada law, you generally have two (2) years from the date of the negligent event to file your NIED lawsuit. If you let that deadline – known as the statute of limitations – slip by, courts will almost certainly throw out your claim, no matter how severe your emotional injuries are.

What Kind of Compensation Can You Get?

If your NIED claim is successful, the money you receive will be based upon your:

• Medical Treatments: This includes the costs of therapy, counseling, medication, and any other necessary treatments.

• Lost Income: Wages you couldn’t earn because your emotional trauma kept you from working.

• Pain and Suffering: This is compensation for the emotional anguish itself and the resulting decline in your quality of life.

Nevada doesn’t set specific limits on NIED damages (unless they arise in the context of medical malpractice), but to get the maximum compensation, it’s essential to provide robust evidence of your emotional injuries.

Why You Can’t Do This Without a Skilled Nevada Personal Injury Lawyer

A case based on the infliction of emotional distress in Nevada is about much more than just saying you’re hurting emotionally. Insurance companies and defendants are notorious for trying to claim your suffering isn’t severe enough or that it’s not connected to their actions. Bringing an experienced Nevada personal injury attorney onto your team significantly increases your odds of success by:

• Laying out every detail of your claim.
• Collecting important medical and eyewitness evidence.
• Handling all the tough negotiations with insurers.
• Building and presenting an ironclad case to a jury, if that’s what it takes.

With a good lawyer fighting for your rights, you can focus on healing, knowing he or she is managing the entire legal situation.  

Final Thoughts: Your Emotional Health Is Everything

Emotional injuries are as valid and real as physical ones. If you have been traumatized, remember, you have rights under Nevada law to demand justice and compensation just like when you are physically injured. Don’t try to navigate this challenging journey alone. Find yourself an attorney who can guide you every step of the way. Your pain might be unseen, but your right to recovery and justice exists under Nevada law.

About The Author

This article was written by Paul S. Padda, the managing attorney of Paul Padda Law.  With offices in Las Vegas and Chicago, Paul Padda Law is a premiere law firm representing individuals and businesses in a wide variety of practice areas such as personal injury and business disputes.  If you have a legal issue you need help with, contact Paul Padda Law at (800) 712-0000 or get in touch through this website.