What is generally required for a successful claim of 'negligent infliction of emotional distress'?

For a successful claim of 'negligent infliction of emotional distress,' it is essential to demonstrate severe emotional trauma caused by negligence. This legal concept focuses on the harm caused not by direct physical injury but by extreme emotional distress resulting from another person's negligent conduct. The claimant must typically show that the emotional distress they experienced was serious or severe, which goes beyond the normal level of distress that might be expected in everyday life.

In most legal jurisdictions, this involves proving that the defendant's negligent actions directly caused the emotional distress, and the distress must be significant enough to warrant legal remedy. Courts often require substantial proof to establish the severity of the emotional trauma, including testimony from mental health professionals, medical records, or corroborating evidence to support the claim.

The other options do not align with the legal criteria required for this type of claim. Emotional resilience does not contribute to proving negligence, malicious intent is not necessary to establish negligence (as negligence is often about the failure to exercise reasonable care, not intent), and a written agreement is not relevant in the context of establishing emotional distress resulting from negligence. Each of these elements focuses on factors that do not support the foundational requirement of proving severe emotional harm due to negligence in such claims.