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 West Virginia (WV), the tort of negligent infliction of emotional distress (NIED) is recognized under certain circumstances. West Virginia law allows for a claim of NIED if the plaintiff can show that the defendant's negligent conduct caused them to suffer severe emotional distress. The state follows the 'zone of danger' rule, which means that the plaintiff must demonstrate that they were in a zone of danger of physical impact due to the defendant's negligence and that the emotional distress resulted from a reasonable fear of injury to themselves. Additionally, West Virginia recognizes a bystander claim for NIED, but it is limited to situations where the bystander closely related to the injury victim witnesses the accident and suffers severe emotional distress as a result. 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 such claims are often detailed in judicial decisions rather than codified in statutes. An attorney can provide guidance on the current state of the law and the viability of an NIED claim in West Virginia.