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 North Carolina, the tort of negligent infliction of emotional distress (NIED) is recognized, but it is subject to specific limitations. To establish a claim for NIED, the plaintiff must show that the defendant's negligent conduct was a proximate cause of the emotional distress and that the distress was severe and debilitating. North Carolina does not generally require a physical injury for an NIED claim, but the emotional distress must be more than transient or trivial. Additionally, North Carolina recognizes the 'bystander theory' for NIED claims, allowing a bystander who witnesses a traumatic event causing injury or death to a close relative to recover for emotional distress, provided that the bystander was in close proximity to the event and the emotional distress is a foreseeable result of the defendant's negligence. It is important for claimants to consult with an attorney to understand the nuances of NIED claims in North Carolina, as case law can further define and refine the parameters of such claims.