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Negligent Infliction of Emotional Distress
Negligent Infliction of Emotional Distress, referred to in short as NIED, occurs when a bystander to an accident experiences severe emotional distress due to witnessing the accident.
The elements of negligent infliction of emotional distress are:
- The bystander was located near the scene at the time of the accident;
- The bystander was emotionally injured by the contemporaneous sensory observance of the accident; and
- The bystander was a closely related family member, by blood or marriage, or the accident victim.