Utah Negligent Infliction of Emotional Distress-Bystander (NIED-Bystander) is a legal claim in which the plaintiff is a bystander to a traumatic event, and the defendant's negligent or reckless conduct caused the plaintiff to suffer emotional distress. This claim is recognized in the state of Utah and requires the plaintiff to prove that the defendant had a duty of care to the plaintiff, that the defendant breached that duty, and that the breach proximately caused the plaintiff to suffer emotional distress. There are two types of Utah NIED-Bystander claims. The first is a direct claim, in which the plaintiff must prove that the defendant's conduct caused the plaintiff to directly observe or experience the traumatic event. The second is a bystander claim, in which the plaintiff must prove that the defendant's conduct caused the plaintiff to witness the traumatic event from a distance. In both cases, the plaintiff must demonstrate that the defendant's negligence caused the plaintiff to suffer emotional distress.
Utah Negligent infliction of emotional distress-Bystander
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FAQ
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
Examples of Intentional Infliction of Emotional Distress claims can include racial insults, sex discrimination, false imprisonment and conduct that threatens your physical security (although a physical injury is not necessary).
One of the areas of damages that somebody who injures another person is required to compensate you for is your emotional distress. In Utah, you do get compensation for the emotional stress caused by the injury.
Name of plaintiff must show that name of defendant either (1) acted with the intent of inflicting emotional distress, or (2) with no intent to cause harm, intentionally performed an act so unreasonable and outrageous that name of defendant knew or should have known it was highly probable that harm would result.
Emotional distress can often qualify for both special and general damages. Because of this, pain and suffering compensation usually amounts to 2 to 5 times the total costs of medical bills (therapies, medications, etc.) and lost wages from missed work. This amount can vary significantly on a case-by-case basis.
Plaintiffs asserting claims for negligent infliction of emotional distress must establish that they were owed a duty by a defendant, that such duty was breached and, because of the breach, they were exposed to an unreasonable risk of bodily injury or death.
In Utah, the statute of limitations for: A tort claim for negligent employment and intentional infliction of emotional distress is four years (see Retherford v.