Claiming Bystander Emotional Distress in Virginia

After earning a law degree from the University of Richmond T. C. Williams School of Law in Richmond, VA, lawyer Claire C. Carr holds the highest AV Rating from Martindale-Hubbell. For almost 30 years, Claire C. Carr has served as vice president, shareholder, and managing partner at Kalbaugh, Pfund & Messersmith, a law firm with experience defending against bystander emotional distress claims.

Often in general liability cases, multiple plaintiffs have been injured in one accident, and each plaintiff can make the case both for the distress caused by their own injuries as well as the distress caused by witnessing injury to another plaintiff. Commonly referred to as negligent infliction of emotional distress (NIED) or “bystander” claims, these claims have a high burden of proof. In Virginia, NIED claims do not cover emotional distress to bystanders who witness the injury or death of another party; rather, a plaintiff must prove that a physical injury resulted from that emotional distress.

In the case of Villnow v. DeAngelis, for example, a car struck the golf cart the plaintiff and his wife were riding in. The plaintiff stated he suffered emotional distress both from the injuries he sustained and from witnessing his wife’s injuries. The Norfolk Circuit Court ruled that he was not entitled to emotional distress damages because, even though he sustained injuries, his injuries did not result from the distress inflicted by his wife’s injuries.