When people search for a Charlotte, NC wrongful death lawyer, they’re often coping with the loss of a human family member. But in some rare cases, legal action may stem from the death of a pet. At The Layton Law Firm, we’ve seen firsthand how devastating it can be to lose a beloved animal under wrongful circumstances. While North Carolina law doesn’t treat pets the same as people, there are still legal avenues that may apply depending on the situation.
Legal Status Of Pets In North Carolina
Pets are legally considered personal property in North Carolina. This classification limits the types of damages available in wrongful death cases involving animals. However, if someone’s negligence or intentional act leads to a pet’s death, a claim may still be filed under property damage laws since that person was at fault. This typically involves seeking compensation for the animal’s market value, medical expenses prior to death, and potentially punitive damages in cases of extreme misconduct. For example, if someone fed your dog something toxic and you incurred large fees trying to save your pet, that person can be held liable for those costs.
Although these cases differ significantly from those involving human loss, attorneys take them seriously. The emotional bond between owners and pets is real and valid. When a veterinarian commits malpractice, or when an animal is harmed due to a neighbor’s reckless actions, legal recourse may be available.
When Can You Sue For A Pet’s Death?
Several situations could lead to a viable claim. One common example is a fatal injury caused by a negligent driver. If a pet is hit by a car and the driver was speeding or distracted, the owner may pursue damages. Another scenario involves improper care during boarding or grooming. Businesses that take custody of animals are responsible for their safety, and fatal neglect can open the door to legal consequences.
Veterinary malpractice is another cause that may justify a lawsuit. When a vet fails to diagnose or mistreats an animal, and that error results in death, owners may have a claim. These cases often rely on expert testimony and detailed medical records, which we can help gather and review. It is important to note that although this is certainly a type of death, these are not personal injury cases as a human was not injured due to someone else’s negligence.
Challenges In Proving Wrongful Pet Death
These cases are rarely straightforward. One major hurdle is proving the value of the animal in a legal sense. Emotional distress is not compensable under current North Carolina law when it comes to pets, which can make outcomes feel inadequate to grieving owners. However, courts have shown increasing awareness of how significant pets are in people’s lives, which may affect how damages are calculated.
We’ve spent over 20 years helping clients pursue justice for all types of loss, including those that fall outside traditional definitions. Being rated Best of Charlotte by Legal Directorate reflects our commitment to every client’s cause.
While not every incident will lead to a lawsuit, we believe every case deserves thoughtful review. If you believe your pet’s death resulted from someone’s carelessness or wrongdoing, The Layton Law Firm is here to help. Contact us today to learn what your legal options are.