Negligent Infliction of Emotional Distress | Indiana Lawyer Explains
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Hi I'm Indiana personal injury attorney David Holub. In this video we address whether a bystander who witnesses an injury to a loved one can sue for negligent infliction of emotional distress. We had a caller call in the other day and she received a call that her husband had been injured at work. She happened to be across the street from the work site and she quickly drove over to find out what was going on. When she got there, the ambulance was attending to her husband and a helicopter was landing to take her husband to a special trauma hospital. When she tried to speak to her husband, he was incoherent and babbling. And there was blood all over and she was just really upset by it. She couldn't even get to the hospital herself. She had to have a friend drive her. Decades ago, the caller would not have a case at all. In other words, years ago the negligent infliction of emotional distress case had to have three things, and she wouldn't have had those three requirements. The first requirement would be impact to her personally. She didn't have that in this case. Second, the impact to her personally had to have caused some sort of physical injury, not a serious one, but some injury. Thirdly, the impact had to cause emotional distress. So under the old law, she would have no case. But now there's been a change and now you can recover if you, as a bystander, witness serious injury to a loved one. Here's what you have to have now: you have to have a situation where you have actually been present quickly on the scene, where you actually have witnessed an injury to a loved one, and that person has to be a close relationship to you--husband, grandparent, grandchild, child, some sort of close relation. Now, under the law, you could present a case for negligent infliction of emotional distress.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/
Hi I'm Indiana personal injury attorney David Holub. In this video we address whether a bystander who witnesses an injury to a loved one can sue for negligent infliction of emotional distress. We had a caller call in the other day and she received a call that her husband had been injured at work. She happened to be across the street from the work site and she quickly drove over to find out what was going on. When she got there, the ambulance was attending to her husband and a helicopter was landing to take her husband to a special trauma hospital. When she tried to speak to her husband, he was incoherent and babbling. And there was blood all over and she was just really upset by it. She couldn't even get to the hospital herself. She had to have a friend drive her. Decades ago, the caller would not have a case at all. In other words, years ago the negligent infliction of emotional distress case had to have three things, and she wouldn't have had those three requirements. The first requirement would be impact to her personally. She didn't have that in this case. Second, the impact to her personally had to have caused some sort of physical injury, not a serious one, but some injury. Thirdly, the impact had to cause emotional distress. So under the old law, she would have no case. But now there's been a change and now you can recover if you, as a bystander, witness serious injury to a loved one. Here's what you have to have now: you have to have a situation where you have actually been present quickly on the scene, where you actually have witnessed an injury to a loved one, and that person has to be a close relationship to you--husband, grandparent, grandchild, child, some sort of close relation. Now, under the law, you could present a case for negligent infliction of emotional distress.
To learn more about the Law Offices Of David W Holub visit https://davidholublaw.com today.
To read David Holub's book "Fighting For Truth: A Trial Lawyer's Insight Into What It Takes To Win" visit https://www.amazon.com/gp/product/1732468206/