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 Florida, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized, but it is subject to certain limitations. Florida law typically requires that a claimant demonstrate a physical impact or that they were in close proximity to the physical danger (the 'impact rule') in order to recover for emotional distress caused by negligence. However, there are exceptions to this rule, such as when the emotional distress stems from certain types of professional negligence (e.g., medical malpractice) or when there is a special relationship between the parties (e.g., a funeral home's duty to a decedent's family). Florida does not generally recognize NIED claims for bystanders who are not directly involved or injured, unless the bystander is a close relative who witnesses an injury-causing event to another close relative, and the emotional distress results from a direct emotional impact upon the bystander from the sensory and contemporaneous observance of the accident. As with many areas of law, NIED claims in Florida are nuanced and fact-specific, and the relevant case law is subject to change through judicial decisions. An attorney can provide guidance on the current state of the law and its application to specific circumstances.