In some jurisdictions, recovery for negligent infliction of emotional distress is partially limited to cases in which the plaintiff witnesses serious injury to a family member.

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Many jurisdictions require a plaintiff to have a close familial relationship with the injured person and to have been present at the scene of the injury (and to have perceived it) in order to recover for negligent infliction of emotional distress. This is often referred to as the "bystander" or "direct victim" rule.

In Some Jurisdictions, Recovery for Negligent Infliction of Emotional Distress