What is required for a claim of emotional distress in Nevada?

In Nevada, a claim for emotional distress typically requires the establishment of negligence in connection with the distress experienced by the plaintiff. This means that in order to support a claim, the plaintiff must demonstrate that the defendant failed to exercise reasonable care, which directly resulted in emotional distress.

While different jurisdictions have varying standards for emotional distress claims, Nevada recognizes that negligence can lay the groundwork for such claims, especially if the emotional harm is a foreseeable consequence of the defendant's actions. The focus is on the breach of a duty that leads to emotional suffering rather than solely relying on other factors like intent or physical harm.

In some instances, intentional infliction of emotional distress can also support a claim, which would require proving the defendant's intent to cause distress. However, this is not as common as negligence-based claims. Proof of psychological evaluation can be important in establishing the extent of emotional harm but does not replace the necessity of showing a negligent act was committed. Thus, proving negligence is a central requirement for these claims under Nevada law.