Personal Injury: Emotional Distress

Injured in an accident? You may be able to recover significantly more compensation for your injuries with the help of an experienced attorney. And, in Arizona, even if not physically injured, you or others who were in the accident with you, may be entitled to make a claim for negligent infliction of emotional distress (“NIED”).

NIED claims have rather strict requirements under Arizona law but may be worth exploring to determine if you or your loved ones are entitled to compensation. For example, you may have a claim for negligent infliction of emotional distress if:

  1. You witnessed an injury to someone with whom you have a close personal relationship;
  2. While you were also in danger; and
  3. The subsequent shock or mental anguish you suffered from witnessing the injury caused psychological symptoms severe enough to require treatment. Keck v. Jackson

Alternatively, even if you did not witness or suffer any injuries during an accident, but the psychological trauma of being put at risk was severe enough to require treatment, you may still have a claim for “unreasonable risk of bodily harm to oneself.” Quinn v. Turner

The Brei Law Firm can review your personal injury case to help determine your rights under current Arizona law. Our attorneys’ real-world experience has shown us the best ways to negotiate our clients’ interests. Our Tucson Law Firm is available at 520-297-4411.

© November, 2023. Please note: this article is not intended to, nor does it constitute legal advice, and is for informational purposes only. To obtain legal advice, please consult a qualified attorney.