Imagine you’ve been involved in a serious car accident caused by a drunk driver. Physically, you walk away with only minor injuries — but emotionally, you’re left with crippling anxiety every time you get behind the wheel. You struggle with nightmares, panic attacks, and are afraid to drive your kids to school. In cases like this, some people consider suing for emotional distress, especially when the psychological trauma deeply affects daily life. In both North Dakota and Minnesota, the law does allow for these types of claims, but they can be complex. Emotional distress claims often arise as part of a broader personal injury case — for example, after a car crash, assault, or medical negligence. There are two common types: intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). Proving either one requires meeting strict legal standards, often with the help of medical evidence or expert testimony.

Negligent vs. Intentional Infliction Of Emotional Distress: What’s The Difference?

When someone suffers serious emotional trauma because of another person’s actions, there are generally two legal paths to consider: negligent infliction of emotional distress (NIED) and intentional infliction of emotional distress (IIED). Although both involve emotional suffering, the key difference lies in the other person’s behavior and state of mind.

Negligent Infliction of Emotional Distress (NIED): NIED happens when someone causes emotional harm through carelessness — even if they didn’t mean to hurt anyone. For example, if a driver runs a red light and nearly hits a pedestrian, the pedestrian might not be physically harmed, but the experience could cause panic attacks, nightmares, or long-term anxiety. In some states, including Minnesota, courts may also require proof of a physical injury or physical symptoms connected to the emotional distress, unless the victim was in the “zone of danger” (meaning they were close enough to risk serious harm). North Dakota law is stricter and often bundles emotional distress under general negligence claims, requiring strong evidence and a direct link to a physical or traumatic event.

Intentional Infliction of Emotional Distress (IIED): IIED, on the other hand, involves deliberate or extreme behavior that is meant to cause emotional harm — or is so outrageous that harm was nearly guaranteed. Think of things like stalking, threats of violence, or prolonged harassment. Courts in both North Dakota and Minnesota require this conduct to go far beyond simple rudeness or insensitivity. The person’s actions must be so extreme and outrageous that they “shock the conscience,” and the resulting distress must be severe.

The Legal Hurdles: Why These Claims Alone Are Difficult

One of the biggest barriers to a successful emotional distress claim is proof. Unlike physical injuries, emotional suffering is invisible — which makes it harder to document. In both North Dakota and Minnesota, you typically must show that the distress was severe (not just temporary sadness or anxiety) and that it was caused by someone else’s outrageous or negligent conduct.

What You Should Know Before Filing A Claim

Emotional distress claims are rarely successful on their own — they’re usually stronger when paired with a physical injury. Emotional distress and/or mental anguish can also be claimed as non-economic damages in personal injury cases. Working with an experienced attorney can help you determine whether your experience qualifies under state law and what kind of documentation (like mental health records, witness statements, or expert evaluations) can support your claim. While the process can be emotionally taxing, knowing your legal options is the first step in seeking justice for what you’ve endured.

If you have been injured, both physically and emotionally, don’t wait to seek legal help. Contact us at SW&L Attorneys by calling 701-297-2890, or emailing us at: info@swlattorneys.com.

This article is for informational purposes only and is subject to our disclaimer.