“Negligent infliction of emotional distress is not a separate tort. It is a species of negligence. . . Because NIED is a form of negligence, ‘the traditional elements of duty, breach of duty, causation, and damages apply.’ The NIED rules apply where the only harm suffered by the plaintiff is emotional (e.g., bereaved family members who suffer mental anguish upon learning their loved ones’ bodies were violated). Where a plaintiff is physically injured, damages for resulting emotional distress are recoverable as ‘parasitic’ damages.”
“Although there is no general duty to avoid negligently causing emotional distress to others, such a duty is recognized with respect to two categories of persons: ‘Direct victim’ plaintiffs: Persons who suffer serious emotional distress as the result of [the] defendant’s breach of a duty of care owed direct to them; ‘Bystander’ plaintiffs: Persons who suffer serious emotional distress as the result of witnessing a family member being physically injured by [the] defendant’s negligence.”
The plaintiff may recover compensatory damages for “fright, nervousness, grief, anxiety, worry, mortification, shock, humiliation and indignity- emotional distress may consist of any highly unpleasant mental reaction such as fright, grief, shame, humiliation, embarrassment, anger, chagrin, disappointment or worry.” And, given the nature of the tort, she may be able to recover punitive damages.
The statute of limitations for a NIED action is two years. The cause of action accrues and the statute of limitations begins to run at the time of the injurious event.
[California Practice Guide: Civil Procedure Before Trail Claims & Defenses [citations to primary sources omitted]]
