There was a time when courts applied the Draconian rule of categorically denying recovery for emotional distress related to witnessing another person's injury or fearing for another person's safety. That practice was ultimately abandoned, and individuals today can successfully recover damages for emotional distress and trauma from witnessing harm to another.
No Pain, No Gain
Claim professionals may find that handling these types of “bystander” or “zone of danger” claims can be a difficult and complex process. First, they must determine whether the psychological and/or emotional harm to the plaintiff is truly “bodily injury” as defined in the insurance policy. Under most liability policies, insurers must pay damages for which the insured is legally liable “because of bodily injury.” Thus, the plaintiff cannot recover if he did not sustain a “bodily injury” as defined by the policy.
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