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 Wisconsin, the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. Wisconsin law allows for NIED claims when the plaintiff can prove that the defendant's negligent conduct resulted in a physical manifestation of emotional distress or where the plaintiff was in the 'zone of danger' and feared for their own safety, leading to emotional distress. Additionally, Wisconsin recognizes a claim for NIED for a bystander in limited situations, typically requiring the bystander to be a close relative of the victim and to have been present at the scene of the accident, with a direct sensory and contemporaneous observance of the event. The bystander must also show that the emotional distress suffered is a result of the injury or death of the victim. These requirements stem from Wisconsin's case law rather than specific statutes, and the details of each case can significantly affect the outcome of an NIED claim. An attorney can provide guidance on the likelihood of success for an NIED claim based on the specifics of the situation.