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 New Jersey, the tort of Negligent Infliction of Emotional Distress (NIED) is recognized under certain circumstances. New Jersey law allows for a claim of NIED if the plaintiff can demonstrate that the defendant's negligent conduct was the cause of the plaintiff's emotional distress. The plaintiff must also show that the emotional distress suffered is substantial and not fleeting or trivial. New Jersey 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 a result of witnessing or learning about a serious injury or death of a family member caused by the defendant's negligence, or the plaintiff must have a marital or intimate familial relationship with the victim. This is in line with the 'bystander' theory of recovery. The specifics of NIED claims in New Jersey are largely governed by case law, and an attorney can provide guidance on the current standards and precedents relevant to such claims.