Can You File A Wrongful Death Suit For A Deceased Pet?


For many pet owners, pets are more than just a possession or an accessory; they're part of the family. Your pet may be your closest companion, and losing your pet to an accident can be just as devastating as losing a beloved human family member. If you lose a service animal, it's even worse – in addition to losing a companion, you've lost a valuable and needed aid. The question is, if someone kills your pet in an accident, are you entitled to sue as you would if you lost a human family member? Here are a few things that you need to know about collecting compensation for the death of a pet.

Pets Are Property

You may think of your pet as a family member, but in most jurisdictions, your deceased pet will be considered something that you owned, rather than someone that you loved. That means that, for the most part, any lawsuit will be classified as a property loss lawsuit rather than a real wrongful death lawsuit. However, that doesn't mean that you won't be able to receive compensation – it's still a valid personal injury lawsuit.

There are a few ways you can receive compensation for a pet lost due to somebody else's negligence or recklessness. Depending on the nature of the accident, you can report it to the police, who may refer it to prosecutors who will file criminal animal cruelty charges. If the perpetrator is convicted, the court may order them to pay restitution to you. However, animal cruelty charges are rarely filed for things like traffic accidents.

Your next option is to file a personal injury lawsuit with the help of an attorney. This represents your best chance at recovering a reasonable sum in compensation for your loss. You can file a personal injury lawsuit whether or not the case qualifies for animal cruelty charges in criminal court.

Finally, if you don't wish to hire an attorney or can't find one to take your case, you can pursue the matter yourself in small claims court. However, any award you receive there will be limited.

What to Sue For

If you decide to file a personal injury lawsuit for the loss of a pet, there are a few different legal theories that you and your personal injury attorney can consider suing under. For something like an auto accident, the most common legal theory would be negligence, unless you have evidence that the driver hit your pet on purpose. In that case, you would sue under the theory of intentional acts of malice.

The other legal theories that could be considered in an animal death are bailment and malpractice. Bailment is the legal theory that applies when you leave your pet in the care of someone else – like a pet sitter or a kennel – and your animal dies due to neglect or mistreatment on the part of the caregiver. Malpractice is much more rare, and only applies when a pet dies as a direct result of inadequate or incompetent care on the part of a veterinarian. Laws on veterinary malpractice vary greatly by state and jurisdiction, and it's imperative that you have a lawyer who has an understanding of and experience with your local laws if you have this kind of case.

Putting A Value On Your Pet

Determining the value of a pet in a lawsuit can be difficult and painful for pet owners. While most pet owners would consider their four-legged companions priceless, in court you're liable to receive much less for the loss of a pet than you would receive for the loss of a human relative. However, attitudes toward pet loss may be beginning to change. In 2012, a Colorado woman received $65,000 after her dog was hit by a car, because the cleaning services employees who were witnesses to the accident failed to render aid, seek medical treatment, or contact the owner to let her know that her dog was injured.

Typically, courts will consider the market value or the replacement value of the pet, which means that you would probably receive greater compensation for a rare purebred animal or highly trained service animal than for a rescued stray. Some courts will consider emotional distress to the owner or sentimental value of the pet, but this varies depending on location, and may even vary from judge to judge. If there is a conviction for animal cruelty or if you can show intentional malice, the court will also consider adding punitive damages to any judgement. While replacement value and sentimental value awards are capped by law, punitive damages often aren't, and these can be quite substantial.

If you've lost a beloved pet to someone else's carelessness or wrong-doing, your grief is just as legitimate as the grief of someone who has lost a family member. It's definitely worth consulting a local lawyer to find out if you can pursue the case in court. 

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

Search

Categories

Latest Posts

7 February 2024
Navigating the intricacies of the legal system, a criminal defense attorney faces the critical task of constructing a solid case to defend their clien

7 February 2024
Guardianship is a legal framework designed to protect individuals who are unable to take care of their own personal or financial needs.  What Is

12 January 2024
Living with a disability can be challenging. It can also be frustrating when you're trying to access the resources that you need to live your life to

Tags