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It is generally understood that the law allows compensation for the physical injuries caused by someone’s negligent actions. But Illinois law also allows recovery for emotional injuries caused by someone’s negligent actions, when you were a bystander who could have been directly injured. This is called the “zone of danger” rule.

According to this zone of danger, if you are in close proximity to an accident such that you could have been physically harmed by the event, then you may be able to recover for your psychological injuries that result from having been in that fearful position. The person whose negligent conduct put you directly in harm’s way, could be liable to you for a claim for your emotional distress. There are three main components to a successful case.

1. The zone of danger: One who acts negligently is potentially liable to those within his or her zone of physical danger. This means that if you are in such direct proximity to the events of the accident that you are at great risk of being physically harmed from the accident itself, you are part of the zone and could potentially recover damages from your resulting emotional injuries. The zone acts like a ring around the events of the accident, and those inside it are potentially in physical danger just like the direct victim of the accident. Because of this, the person whose negligent acts caused this danger could owe a duty to those who were inside the zone of danger and suffered emotional harm.

2. Reasonable fear for personal safety: Even where you are located in close proximity to the accident, if you did not actually have a reasonable fear that you would suffer physical harm from the events transpiring, you would not be able to recover damages.

There are two main types of situations where this would come into play. First, where you were physically close, but you could not actually have been hurt yourself, you would not be able to state a claim. For example, in one case, a wife was in the stands of an event where her husband was injured on the track below, and watched as the defendants negligently failed to provide prompt medical care to help him. She herself was not in any physical danger from the negligence, though it was emotionally painful to witness. Second, where you were in fact in physical danger, but you were not actually aware of it, the courts would not uphold the claim. These cases often involve someone who passed out, wasn’t paying attention, or though physically close nonetheless, could not actually see or comprehend the impending danger.

3. Physical injury or illness caused by the emotional distress: For a bystander in the zone of danger to have a claim for the emotional distress, there must be a physical manifestation of the psychological damage. Though tragic, suffering from anguish alone when witnessing someone’s accident and fearing for your safety is not enough for a case. The emotional distress caused by the defendant’s negligent conduct needs to be so severe that it caused you physical injury or illness. The Illinois courts have not necessarily required these physical symptoms to be the type that have to be proven by expert medical testimony. But the physical manifestation would need to be severe enough that a jury would appreciate that you have suffered physically, and not just your feelings and emotions.

In one example where the Illinois courts upheld a claim, a woman and her family were the victims of a negligent boating accident. Their boat was struck, and her husband was killed and her children were injured. She, herself, was a bystander in the zone of danger by being in the boat with her loved ones that was struck, and she was aware of what was happening, such that she reasonably feared for her own personal safety. Evidence was presented that as a result, she suffered debilitating physical and emotional damages.

Painful as it may be to witness someone you love being hurt, where you suffered severe psychological and emotional harm from being in the “zone of danger” of the accident, you may have a claim for your injuries as well.

These cases are not as clear-cut as your typical rear-end car accident case and require an attorney who has experience in handling similar claims. If you would like our help in finding an attorney or just have questions please contact us at anytime. All calls are free and confidential.