What is included under damages in tort, particularly with NIED?

• A. Emotional distress damages are available in NIED claims.
• B. Emotional distress damages are never recoverable.
• C. NIED damages exclude any physical damage consideration.
• D. NIED damages require economic loss.

Answer: (A)

Emotional distress damages can be a recoverable part of tort damages, and Negligent Infliction of Emotional Distress is precisely the rule that compensates a person for the mental anguish caused by another’s negligent conduct, even when there isn’t a physical injury. The idea is that emotional harm from negligent behavior is a real injury worthy of compensation, as long as the distress is a foreseeable result of the defendant’s conduct and proven with credible evidence of the distress (symptoms, medical testimony, etc.).

So the best choice reflects that emotional distress damages are available in NIED claims. The other statements misstate the law: emotional distress isn’t categorically unrecoverable, NIED doesn’t universally require economic loss, and while some cases may address physical impact in other ways, the core point for NIED is that emotional distress damages are a recognized remedy.