Which of the following describes a common way to establish emotional distress claims?

To establish a claim for emotional distress, demonstrating negligent behavior that causes emotional distress is a well-recognized approach. In tort law, particularly in cases involving negligent infliction of emotional distress (NIED), the plaintiff must show that the defendant's negligence directly resulted in emotional harm. This typically requires establishing that the defendant owed a duty of care to the plaintiff, breached that duty, and as a consequence, the plaintiff suffered severe emotional distress.

In such cases, plaintiffs may not need to demonstrate a physical injury, but they must provide credible evidence of the emotional distress experienced, which often includes expert testimony or documented symptoms relating to stress or anxiety. The focus is primarily on the defendant’s conduct and the resulting emotional harm, rather than mere intention to inflict harm or financial impact.

This approach reflects the understanding that emotional harm can arise from negligent acts, such as witnessing a traumatic event or learning about a loved one's injury due to someone else’s negligence, thus reinforcing the foundation for successful emotional distress claims.