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 Nebraska, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. Nebraska law generally requires that a claimant demonstrate they have suffered a physical manifestation of emotional distress or were in the 'zone of danger'—meaning they were at risk of physical harm due to the defendant's negligence. This aligns with the requirement that emotional distress claims are typically compensable only when they accompany a physical injury or are the result of a defendant's breach of some other legal duty. Nebraska does not broadly recognize NIED claims for bystanders; however, there may be limited exceptions where a bystander closely related to a direct victim witnesses an event causing injury and suffers severe emotional distress as a result. The specifics of NIED claims in Nebraska are largely derived from case law, and an attorney can provide guidance on the current state of the law and its application to individual circumstances.