Can You File a Lawsuit if Your Animal is Killed in a Car Accident?
Experiencing the loss of your pet to a car accident can be a shocking situation for you and your loved ones. You and your family may be in extreme distress and at a loss of where to go or what to do. Can you receive help for what has occurred? Is there a legal precedent for receiving compensation for the loss of an animal? There are ways to seek compensation for your distress. Contact a local auto accident attorney for assistance in filing your claim. In Orlando, consult with Payer Law, an Orlando accident lawyer, for further information.
What does the law say?
If your animal is injured, the responsible party—should you choose to pursue legal action—can be held liable for the veterinary costs that were incurred as a result of the accident. This means that if you had to spend money on surgery after someone hit your animal with a car, you would be able to retrieve the costs of the surgery from the driver of the car. However; there are legal limitations. The court can rule that you may not receive the costs of surgery for an animal that was unsavable from imminent death anyway. They also will not grant you any money for the whatever days you may have taken off to care for your pet.
On the other hand, the court could award you the market value of your animal. This may not be much depending on what type of animal you have but you will still receive some compensation for the loss of your animal. Depending on your location, you may even be entitled to the amount required to replace the animal rather than the market value.
Some states may have laws in place for awarding the sentimental value of the animal. They may also allow monetary compensation for emotional distress. This, however, is dependent on the individual case the judge has ruled. There are precedents in place for filing a claim against someone who has killed your animal, but you have to be prepared to meet resistance as not every court will agree that the loss of an animal has the same emotional value as the loss of a person.
An auto accident attorney can help you
If your animal is killed in a car accident, an auto accident attorney could help you file your claim against the responsible party. The loss of a beloved family pet can cause serious emotional devastation and you are entitled to search for compensation for the emotional distress and financial distress that the loss of a pet can cause. If you are in the Orlando area, you can consult Payer Law, an Orlando accident lawyer, for help.
The loss of an animal is never taken lightly and even less so if the loss occurs in something as devastating as a car accident. If you would like more information on how to deal with the loss of an animal and what legal actions you should take, contact Payer Law, an Orlando accident lawyer, for more information.