Can you claim negligent infliction of emotional distress when you didn’t see the accident?

August 15, 2008 by Zale.

Yes.  According to a recently released case, if you walk up on your seriously injured child after a car accident and witness them lying lifelessly on the ground bleeding profusely, you can.  This was actually an Underinsured Motorist case, so the claim was against the aggrieved mother’s own insurance policy.

I suspect that this case will now be settled, instead of going back to a jury.

Posted in Litigation, Injury Law, Insurance Practices, Insurance Law | No Comments »