Wrongful Death or Injury to a Companion Animal
Feb. 6, 2025
When a beloved pet is injured or killed due to the negligence or intentional actions of another, it can be devastating. If your pet has suffered harm or passed away due to someone else’s actions, you may have legal options available through personal injury law.
While legal recourse for the death or injury of an animal might not be as straightforward as it is for human personal injury claims, there are still avenues for seeking justice. At the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina, we’re here to help guide you through the process.
What Constitutes Wrongful Death or Injury to a Companion Animal?
In legal terms, “wrongful death” refers to a situation where someone’s negligence or intentional act causes the death of another individual or, in the case of animals, a pet. While companion animals are legally classified as property in many jurisdictions, the emotional damage that can arise from their harm or death is very real.
Wrongful injury to a companion animal might involve situations where a pet is injured due to someone’s negligence. This can include cases where:
Car accidents: An animal is injured or killed due to a car accident caused by another driver’s reckless or negligent behavior.
Animal cruelty: Acts of intentional harm, such as abuse or neglect, lead to injury or death of a pet.
Negligence: A pet is injured due to someone’s failure to take reasonable care, like leaving a gate open or failing to secure the pet in a vehicle.
Dog attacks: If another animal or person attacks your pet, the responsible party may be liable for the injuries sustained.
Personal injury law encompasses these types of cases, although the legal remedies available for animals are often different from those available for humans.
What Compensation Can Be Sought for Wrongful Death or Injury to a Companion Animal?
When an animal is injured or killed, there are different types of damages that a pet owner may be able to pursue, depending on the specific situation. Since animals are usually considered property under the law, financial compensation is typically aimed at the following:
Medical Expenses
If your pet requires medical treatment due to injury, you can seek compensation for the costs associated with that care. This may include:
Veterinary bills: Costs for treatment, surgeries, and medications related to the injury or illness caused by another’s actions.
Emergency care: Expenses for urgent care or overnight stays at animal hospitals following the injury.
Rehabilitation: If the pet requires ongoing treatment or physical therapy to recover, those costs can be considered.
Loss of Value
When a pet is severely injured or killed, the pet owner may seek compensation for the loss of the animal’s value. The value could be based on the pet’s purchase price or the replacement cost of acquiring a new pet. In some cases, courts may consider the emotional value the pet holds for the owner, although these types of claims can be more difficult to prove.
Emotional Distress
In certain cases, if the pet is seen as more than just property, the owner might be able to pursue damages for the emotional pain caused by the loss. However, this type of claim is often more challenging to win, and not all states permit emotional distress claims for the injury or death of an animal.
Punitive Damages
In cases where the responsible party acted recklessly or with malicious intent, a court may award punitive damages. These damages are meant to punish the wrongdoer and deter similar behavior in the future. Acts of cruelty or negligence that lead to the injury or death of an animal could potentially lead to punitive damages.
What Are the Legal Challenges in Wrongful Death or Injury Claims for Companion Animals?
Pursuing legal action for the wrongful death or injury of a companion animal presents several challenges. Since animals are generally considered property, many jurisdictions do not treat them the same way as human beings in personal injury claims. Some of the difficulties in pursuing a claim include:
Difficulty in Proving Emotional Distress
In many states, it’s challenging to prove that a pet owner should be compensated for emotional distress due to the loss of an animal. Unlike human personal injury claims, where emotional pain and suffering are often considered, pets are generally not seen as irreplaceable in the eyes of the law.
State Variations in Laws
The laws regarding wrongful death or injury to animals vary widely from state to state. Some states have laws that allow for the recovery of emotional distress damages, while others limit compensation to the actual monetary loss associated with the injury or death.
Limited Liability for Owners
In cases where another person’s pet causes injury to a companion animal, the owner of the attacking animal may not always be held liable. Certain states may require that the attacking animal has a history of aggression before liability can be established, and this can complicate the legal process.
Legal Precedents and Animal Rights Laws
As animal rights laws evolve, there may be more opportunities for pet owners to seek justice for their companion animals. Courts in some states are more sympathetic to the emotional bond between pets and their owners, but many legal precedents still treat animals as property.
What Should You Do If Your Companion Animal Is Injured or Killed?
If your companion animal is injured or killed due to someone else’s actions, there are several steps you can take to protect your rights and potentially pursue legal action:
Seek medical care: If your pet is injured, the first priority is to get them the care they need. This will also provide documentation of the injury, which can be critical in pursuing a claim.
Document the incident: Take photos, gather witness statements, and collect any evidence that supports your case. This could include police reports, medical records, or even social media posts related to the incident.
Contact an attorney: An attorney can help you understand your legal options and guide you through the process of pursuing a claim for wrongful death or injury. They can also help you determine what types of damages you may be eligible for and represent you in court if necessary.
File a claim: Depending on the circumstances, you may need to file a claim with the at-fault party’s insurance company or pursue a lawsuit against the individual or entity responsible for the injury or death of your pet.
What Are Your Legal Rights?
While the law typically treats animals as property, pet owners still have legal rights when it comes to the wrongful injury or death of their companion animals. These rights can vary based on where you live, but they may include the ability to recover medical expenses, loss of value, and emotional distress damages, depending on local laws.
Working with an experienced attorney can help you take the appropriate steps to pursue a claim. Our firm can help you understand your rights and work to secure compensation for your loss.
Contact Us Today
If you’ve experienced the heartbreaking loss or injury of a companion animal due to someone else’s negligence or intentional actions, don’t hesitate to reach out to our firm. Contact the Law Offices of C. Melody Davalos, PLLC in Raleigh, North Carolina today for statewide support.