Negligent infliction of emotional distress (NIED) is a personal injury claim, cause of action, or tort (wrongful act) that is recognized in some states. NIED claims seek to hold another person or entity civilly liable (for money damages) caused by careless or negligent conduct that causes mental or emotional damage (severe emotional distress) to the injured claimant or plaintiff.

Some states that recognize an NIED claim have additional requirements that the claimant or plaintiff suffered a physical injury or was “in the zone of danger” created by the negligent conduct, for example.

And in many states there is no recognized cause of action or claim for the negligent infliction of emotional distress, and no general duty not to negligently inflict emotional distress. A claimant may recover mental anguish damages only in connection with defendant's breach of some other legal duty.

But some states, such as California, recognize an NIED claim by a direct victim as well as for a bystander who observed the negligent infliction of emotional distress. A bystander claim is often limited to close relatives of the direct victim.

Laws vary from state to state and the law regarding the tort of negligent infliction of emotional distress is often located in a state’s court opinions (also known as case law, common law, or judicial decisions).

In Delaware, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Delaware courts have established that a plaintiff can bring an NIED claim if they can demonstrate that they have suffered serious emotional distress that is a foreseeable consequence of the defendant's negligent conduct. Unlike some states, Delaware does not strictly require the plaintiff to have suffered a physical injury or to have been in the 'zone of danger' in order to recover for NIED. However, the emotional distress must be severe, and there must be some sort of proximate cause linking the defendant's negligence to the emotional distress. Delaware courts also recognize NIED claims for bystanders in limited circumstances, typically when the bystander is a close relative who has contemporaneously perceived the event causing injury or death to another, and as a result, has suffered serious emotional distress. It is important for claimants to consult with an attorney to understand the nuances of how NIED claims are treated in Delaware, as case law can be complex and fact-specific.