Negligent infliction of emotional distress (NIED) is a recognized cause of action in Louisiana, but it comes with specific legal requirements. Not all emotional suffering is compensable under Louisiana law. The state courts have adopted a limited approach, allowing recovery in only some circumstances.
This article will look at the legal framework governing NIED claims in Louisiana, including when emotional distress is compensable, the elements required to establish a valid claim, the distinction between bystander and direct victim claims, and the types of evidence needed to support your case.
What Is Negligent Infliction of Emotional Distress?
Negligent infliction of emotional distress occurs when a person suffers severe emotional harm due to another party’s negligent conduct. In Louisiana, this tort is governed by general negligence principles outlined in La. Civ. Code art. 2315, which allows a person to recover damages caused by the fault of another.
Recovery for emotional distress is often limited to:
- Cases where the plaintiff suffered accompanying physical injury
- Situations involving certain relational proximity, such as witnessing harm to a loved one
- Specific statutory or jurisprudential exceptions, such as wrongful death or property damage cases
To establish a viable personal injury claim under a NIED theory, courts require plaintiffs to show a genuine and serious mental injury that was foreseeable and caused by the defendant’s negligence. This tort is often called a “filler tort” because its scope covers emotional distress stemming from a practically unlimited number of injuries.
When Can You Sue for Emotional Distress in Louisiana?
There are several situations where a person may have a valid NIED claim under Louisiana law. However, courts apply strict requirements to avoid opening the door to excessive or speculative emotional damage lawsuits.
To sue for emotional distress, the following elements typically must be met:
- There was a duty of care owed by the defendant
- The defendant breached that duty through negligence
- The breach caused actual emotional harm to the plaintiff
- The harm was foreseeable and serious enough to merit compensation
Typical situations where the court may grant relief include mental trauma caused by physical injuries from car accidents or medical negligence, or witnessing traumatic injury or death of a close family member. As society continuously evolves to acknowledge the significance and impact of trauma on health in the modern era, courts are falling in line.
Emotional Distress in Bystander and Direct Victim Claims
Louisiana distinguishes between two primary types of NIED claims: bystander claims and direct victim claims. Both types are treated differently under Louisiana law. Bystander claims are governed by La. Civ. Code art. 2315.6, which allows recovery for emotional distress by someone who witnesses harm to a close relative.
To qualify, the bystander must:
- Be closely related to the direct victim (e.g., parent, child, spouse).
- Witness the event or come upon the scene soon after.
- Suffer severe emotional distress as a result.
Direct victim claims, by contrast, involve emotional distress caused by negligence that directly affects the plaintiff. This type of claim often arises in cases of medical malpractice or accidents where the plaintiff suffers both physical and emotional injuries. Bystander claims are harder to prove, and recovery is limited to specific familial relationships. Courts scrutinize both types of claims carefully.
Evidence Needed to Support an Emotional Distress Claim
To succeed in an NIED lawsuit in Louisiana, strong evidence of actual emotional harm is required. Courts expect plaintiffs to provide objective proof, not just subjective feelings.
Examples of supporting evidence include:
- Medical records or psychiatric evaluations.
- Testimony from mental health professionals.
- Documentation of therapy, medication, or other treatment.
- Witness accounts of behavioral changes.
- Evidence of impact on work, relationships, or daily functioning.
Unlike physical injuries, emotional distress must be substantiated through medical or professional evaluation to be compensable. This is why it is so important to go to the doctor after an accident. Self-reported distress without corroboration is often insufficient. Therefore, it is essential to seek prompt psychological care after a traumatic incident, both for your health and legal protection.
Contact a New Orleans, LA Personal Injury Lawyer from Mansfield Melancon Car Accident and Personal Injury Lawyers for Help Today
If you or a loved one has suffered emotional distress due to someone else’s negligence, you may have legal options. At Mansfield Melancon Car Accident and Personal Injury Lawyers, we understand how deeply emotional trauma can impact your life—even when there’s no visible injury.
Our experienced attorneys are well-versed in Louisiana’s strict legal standards for negligent infliction of emotional distress (NIED) claims and will carefully evaluate the facts of your case to determine whether you may be entitled to compensation.
For more information, please contact Mansfield Melancon Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in New Orleans, LA today. We have three convenient locations in Louisiana, including Baton Rouge, New Orleans, and Lafayette.
We proudly serve East Baton Rouge Parish, Lafayette Parish, Orleans Parish, and its surrounding areas:
Mansfield Melancon Car Accident and Personal Injury Lawyers – Baton Rouge Office
404 Europe Street
Baton Rouge, Louisiana, 70124
(225) 263-4787
Mansfield Melancon Car Accident and Personal Injury Lawyers – New Orleans Office
318 Harrison Avenue Suite 107
New Orleans, Louisiana, 70802
(504) 294-3804
Mansfield Melancon Car Accident and Personal Injury Lawyers – Lafayette Office
1318 Camellia Boulevard Suite 206
Lafayette, Louisiana, 70508
(337) 473-2991