Which type of emotional distress requires showing damages unless specific exceptions are met?

Negligent infliction of emotional distress typically requires the plaintiff to demonstrate actual damages to recover, unless specific exceptions are applicable. This type of claim generally arises from a situation where a defendant's negligent conduct causes emotional harm to the plaintiff, but without an accompanying physical injury or threat to the plaintiff’s safety. In many jurisdictions, to successfully claim negligent infliction of emotional distress, the plaintiff must prove that they experienced severe emotional distress as a direct result of the defendant's negligent actions, alongside showing actual damages such as psychological injuries.

In contrast, intentional infliction of emotional distress does not necessarily require proof of damages in the same way. This tort focuses on the defendant's outrageous conduct and intention to cause emotional distress, allowing for recovery even if the plaintiff has not substantiated specific damages. Therefore, damages are not a strict prerequisite for intentional infliction cases.

Understanding these distinctions helps clarify why proof of damages is essential in cases of negligent infliction while being less critical in intentional infliction claims.