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What is a crucial element to prove in a negligent infliction of emotional distress case?

Intentional actions by the defendant

Severe emotional injury caused by the defendant

In a case of negligent infliction of emotional distress, the plaintiff must demonstrate that they suffered severe emotional injury as a direct result of the defendant's negligent conduct. Severe emotional injury refers to significant psychological distress, which may manifest as conditions like depression, anxiety, or other emotional disturbances that impact the individual's daily life. The essence of these cases lies in the emotional harm experienced, distinguishing them from other torts that might require proof of physical injury or intentional actions.

While some legal standards may involve proximity to a traumatic event or a direct relationship with the injured party, the core requirement is that the emotional distress must be severe. This means that a mere emotional reaction does not suffice; the distress must be of a magnitude that a reasonable person would find unbearable. Hence, establishing the severity of the emotional injury is critical for a successful claim in this context.

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Financial loss incurred by the plaintiff

Physical injury directly caused by the defendant

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