Many individuals become very emotionally attached to their pets and shower them with love and affection. Many times, pets are considered to be members of the family.
Although witnessing mistreatment or injury to your pet can be devastating for an individual, there is controversy regarding whether the pet’s owner may, in fact, be entitled to recovery for their emotional injuries.
There are some courts that have recognized emotional distress resulting from the maltreatment of animals, but other courts have refused this type of lawsuit. Although individuals may have an intense emotional connection to their pets, in the eyes of the law, a pet is considered personal property.
What Is a Personal Injury Claim?
A personal injury claim arises when an individual, called the plaintiff, files a lawsuit claiming that they sustained an injury. That injury may have been physical, mental, or both and was a result of an action or failure to act on the part of the defendant or individual being sued.
What Is Emotional Distress?
It is typically very difficult to recover damages for an injury that resulted in emotional distress. In contrast to a broken bone or other types of physical injuries, it is often difficult for an individual to definitively prove their injuries. Because of this, it is important to understand the different types of emotional distress claims that an individual may be able to make before filing a lawsuit based on emotional distress. Emotional distress can also be referred to as mental anguish.
It is a non-physical and mainly psychological type of injury that can be asserted in a civil lawsuit. The law recognizes emotional distress as a state of mental suffering that occurs due to an experience that is caused by the negligent or intentional act of another individual, typically of a physical nature.
Bystanders of other individuals who personally experienced the emotional trauma, in addition to their relatives, may be able to file a civil lawsuit that alleges emotional distress. Emotional distress may cause an individual to experience the following feelings:
- Humiliation or shame;
- Insomnia;
- Depression;
- Self–destructive thoughts;
- Anxiety;
- Stress;
- Other emotional responses that result from a traumatic event.
It is important to note that, in most cases, an individual may only be able to sue for emotional damages if they suffered physical harm resulting from the incident. However, as of June 2019, some courts have recognized the right of an individual to obtain an award of monetary damages for emotional distress claims without showing actual physical harm in cases of sexual harassment or defamation.
In these types of cases, witness testimony from a psychiatrist or therapist may be used to prove the plaintiff’s claim of emotional distress as well as to evaluate the range of monetary damages that are associated with the injury.
Who Can You Sue for Emotional Distress From Mistreated Pets?
In general, an individual can sue any party who may have caused the injury to their pets. Most cases involve situations where an owner entrusted their pet to a caretaker, for example, a:
- Veterinarian;
- Animal shelter;
- Animal hospital personnel;
- A breeder or boarder.
What Common Scenarios Result in Emotional Distress as a Valid Cause of Action?
There are many different types of situations that may be the basis for a claim of emotional distress related to an individual’s pet, including, but not limited to:
The selling of another’s pet while it was boarding with a caregiver;
Hospital personnel providing an individual with the wrong animal’s body for burial.
What Are Some Symptoms of Emotional Distress?
There are certain common symptoms that an individual may suffer from if they have suffered emotional distress, including:
- Loss of sleep;
- Anxiety;
- Thoughts of suicide;
- Failure to go to work.
In these types of cases, recovering for damages may be possible to compensate the pet owner for the emotional distress they suffered.
Is It Hard to Sue for Emotional Distress?
Emotional distress claims, as noted above, may be difficult to prove because of the nature of having to prove an injury that can not be physically seen, for example, chronic anxiety versus a broken leg. Because of this, cases involving emotional distress damages must have solid documentation to prove to a court that the plaintiff, or injured party, suffered actual damages.
In certain cases, it can mean a therapist, doctor, or psychologist diagnosing the plaintiff with:
- Depression;
- Post-traumatic stress disorder (PTSD);
- Other mental health conditions.
Examples of evidence that may be used to establish the severity of emotional distress or mental anguish include the following:
- Treatment by a doctor: If the injured party sought treatment for their condition from a licensed physician, this evidence of the treatment can strengthen their claim;
- Evidence would be medical records of:
- doctor’s visits;
- records of prescriptions;
- other types of intervention or documentation by a medical professional;
- Duration of symptoms: The longer the individual person suffers from symptoms of mental anguish, the more likely it is that the court will consider the condition severe enough to justify an award of damages;
- Severity of symptoms: Evidence that shows that the symptoms were severe will support the success of a claim for mental anguish;
- Physical harm: Evidence that demonstrates that there was a physical manifestation of the individual’s mental anguish can make a claim more convincing.
Expert witness testimony is often required to help prove to the court that the individual suffered an actual injury and the amount of damages that resulted from the injury. Because of the need for expert witnesses, a lawsuit based on emotional distress is often expensive.
Suppose an individual has a claim for emotional distress. In that case, a personal injury attorney may take the case on a contingency fee basis, which means the individual will not have to pay unless they win.
When Can I Bring My Emotional Distress Claim?
It is important to note that emotional distress claims have a time limit in which they must be filed, called the statute of limitations. Because of this, it is important for an individual to consult with a lawyer as soon as possible to ensure their claim is brought within the statute of limitations required by their jurisdiction.
Typically, the statute of limitations for negligent or intentional infliction of emotional distress is two years from the date of the event.
Should You Seek a Personal Injury Attorney to Sue for Emotional Distress?
As discussed above, proving a claim of emotional distress is typically difficult, especially when there was not a physical injury. The laws vary by state regarding what is required to prove a claim of emotional distress.
Typically, courts have limited compensation to the value of a pet as personal property when an individual is trying to recover damages resulting from their injury or death. Courts are beginning to recognize the value of the companionship of a pet that individuals have and the emotional suffering that may occur when they are injured or pass away.
Suppose you need to recover damages for emotional distress because of an injury or death of your pet. In that case, it is important to consult with a personal injury lawyer to determine what legal options may be available to you. Your lawyer can evaluate your case, build evidence to prove your emotional injuries, hire expert witnesses, and represent you in court.
