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 Mississippi, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Mississippi law allows for recovery of damages for emotional distress under the impact rule, which generally requires some form of physical impact to the claimant, or in situations where the emotional distress arises from witnessing an event causing immediate bodily injury to a close relative, known as the 'zone of danger' rule. Additionally, Mississippi recognizes the claim for NIED without physical injury in limited circumstances, such as when the defendant's conduct is deemed 'outrageous,' involving intentional infliction of emotional distress (IIED), or when there is a special relationship between the parties that creates a duty to avoid causing emotional distress. It is important to note that the specifics of NIED claims can be complex and may require the interpretation of case law, as the nuances of these claims are often defined by judicial decisions rather than codified statutes. An attorney can provide guidance on the current state of the law and its application to specific circumstances in Mississippi.