Legallbug's Blog

Do all Personal Injury Cases Involved Physical Injury?

Most Bronx injury or Brooklyn injury does involve physical injury in some form. Negligence is a key factor in the majority of Brooklyn personal injury and Bronx persona injury cases. This means that another individual acted reckless and without caution and therefore caused another person harm. Car accidents slip and fall accidents, and medical malpractice are all typical examples of common personal injury cases.

However, in some circumstances, personal injury in Brooklyn or personal injury in the Bronx does not have to be physical. Some courts negligent infliction of emotional distress, or NIED.

Negligent infliction of emotional distress

NIED follows the theory that every person has a reasonable duty not to cause another individual emotional distress. Unlike typical Bronx personal injuries or Brooklyn personal injuries, there need not be any physical harm to file a lawsuit claiming NIED. Negligent infliction of emotional distress first became a separate tort in Hawaii in the case of Rodrigues v. State in which the plaintiffs claimed emotional distress from flood damage to their home.

In order to file a successful negligent infliction of emotional distress claim, the following four elements must be present:

• The defendant displayed outrageous or extreme conduct.
• Through reckless disregard the defendant intentionally or unintentionally caused emotional distress.
• The plaintiff suffered emotional distress.
• The defendant directly caused the plaintiff’s emotional distress

It is important to note that the majority of court jurisdictions in the U.S. frown upon the use of NIED in lawsuits. Personal injuries in the Bronx that are not physical are difficult to litigate because New York courts are especially unresponsive to negligent infliction of emotional distress claims.

Examples of NIED

Following are some examples of possible NIED cases:

• Wrongful disposal of a body by a funeral home
• A parent who observes the abuse of a child
• A spouse is misdiagnosed with a terminal illness

Proving physical personal injury

 

In New York, you are more likely to have success with a lawsuit if you sustained a Brooklyn injuries or Bronx injuries. However, in order for you to obtain a settlement, you must still show the following four basic elements of negligence:

• Duty
• Breach of duty
• Causation
• Damages

If you were physically or emotionally harmed and believe you have sustained personal injuries in the Bronx or personal injuries in Brooklyn due to negligence

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