lawyer who can sue for animal bills

How do I find an attorney for an animal law case?

To find an experienced attorney, your best bet might be a personal referral from someone you know and trust. If that is not an option, contact your local animal shelter to see if they know of an attorney who handles animal law cases. Barring that, you can contact your local bar association. Bar associations are the licensing entities for lawyers.

Do I need a lawyer for a vet malpractice lawsuit?

You have the right to sue for the injury or death of your pet that was caused by another party. Consult your veterinarian to document all the medical finding on your pet's injuries and present them in court to help you recover damages. Call LegalMatch at (415) 946-3744 to find an attorney and win your case today!

Can I sue a vet for Killing my Pet?

Jul 23, 2020 · An attorney experienced in animal law or consumer law can explain whether your state has a pet lemon law, and whether you have other legal options like suing the seller for fraud or violation of an implied or express warranty.

How to file a civil suit for the death of an animal?

Jan 22, 2019 · If you decide to take the route of small claims court, you don't need a lawyer. In fact, you can't have a lawyer represent you in this type of proceeding (although you might ask an attorney for some advice as you prepare your small claims case). But if you're considering filing a vet malpractice lawsuit, you should speak with an animal law attorney. A lawyer who's …

Is it worth suing a vet?

If you think it was the vet's fault, your first impulse may be to sue for malpractice. But veterinary malpractice lawsuits can be difficult to prove and expensive to pursue. Even if you win, you aren't likely to get what you believe is fair compensation for losing your beloved companion animal.Jan 22, 2019

What is veterinary negligence?

Veterinary malpractice is essentially the same as medical malpractice, except the victims are animals. If a veterinarian harms or kills an animal due to carelessness or negligence, this may constitute malpractice.

Can you sue someone for running over your cat?

While most Americans treat their companion animals like members of the family, the law generally treats them like personal property. Still, the rules vary from state to state when people sue over a pet's injury or death. Courts in most states limit the compensation to the owner's economic losses.

Do you get money if your dog dies?

A trust usually details what should happen once a pet dies, according to Bovino's associate, Kelly Michael. Typically, an owner yields whatever money left over to individuals or a charity. If no one is directly named, then the remainder is absorbed back into the estate.Sep 9, 2015

Can you sue a vets?

You may sue a veterinarian who hurt your pet through incompetence or carelessness. But pursuing a vet malpractice lawsuit in court is rarely practical.

What is the most common complaint in a veterinary clinic?

The most common complaint triggers in veterinary practices (and how to avoid them)1. “ ... “Assuming I knew what was happening” ... “I wasn't expecting that” - setting realistic expectations. ... Not providing sufficient or accessible information. ... "Not properly explaining Covid-19 restrictions"Mar 24, 2021

Are cat owners responsible for damage?

The Common Law Duty of Care The law recognises that cats are less likely to cause injury to people or damage property than some other animals. However, cat owners do have a duty at law to take reasonable care to ensure that their cats do not injure people or damage property.

Is it a crime to run over a cat?

Many of us have lost cats to the road or have hurt an animal in a traffic accident. It's heart breaking for anyone involved, but do you know what the law is regarding road traffic accidents & cats? Currently there is no law that requires you to stop after hitting a cat on the road.

What can I do if someone killed my cat?

If Cats You Care for Have Been Harmed or KilledCall the police immediately and file an official report. ... Document the evidence. ... If a cat has been injured, immediately bring the cat to a veterinarian to receive appropriate medical attention. ... If a cat has been killed, get a necropsy.More items...

Do dogs know they are dying?

She says it's tough to know how much a dog understands or is feeling near the end of their life, but some behaviors might be more apparent. "Many dogs appear to be more 'clingy' or attached, following you around consistently and remaining close," Bergeland says.Jan 18, 2021

When a dog dies at home what do you do?

If your pet dies at home, stay calm and follow the below do's and don'ts.DO make sure that the pet is deceased. Animals often sleep very still for long periods. ... DO contact your vet as soon as possible. ... DO place a towel under the tail and mouth of your pet. ... DO let other pets smell the deceased pet.

Who left their money to their dog?

magnate Leona HelmsleySure, the hotelier and real estate magnate Leona Helmsley left $12 million in her will to her dog, Trouble. But that, it turns out, is nothing much compared with what other dogs may receive from the charitable trust of Mrs. Helmsley, who died last August.Jul 2, 2008

What is the most common type of compensation that a pet owner will receive for their deceased animal?

The “market value” or how much it costs to replace an animal. This is the most common type of compensation that a pet owner will receive for their deceased animal. The amount required to be reimbursed for the veterinary care associated with the incident, so long as the vet used reasonable treatments.

What is negligence in veterinary practice?

A simple negligence case may arise if the vet loses the pet owner’s animal or forgets to feed and provide water for the animal if they are at the vet’s for a long appointment. Sometimes these cases can become quite complicated without legal assistance.

What is contributory negligence?

The final type of negligence theory, which is only available in a handful of states, is called “contributory negligence.”. If a pet owner is found partially liable for their pet’s death or injuries and lives in a state that follows a contributory negligence standard, then they will not be allowed to recover any damages.

Why is malpractice considered malpractice?

Malpractice can occur when a vet does not meet the standard of care required of all veterinary professionals, which then causes them to injure or kill an animal. A vet may fall below this standard of care for a variety of reasons, such as incompetence, misdiagnosis, and treating animals with careless indifference.

Can you sue someone for wrongful death of a pet?

In most jurisdictions, pets are considered to be personal property and thus a person will not be allowed to bring a wrongful pet death lawsuit. Instead, an owner will most likely have to sue using some sort of claim involving personal property, along with a request for damages based on the fair market value of the animal.

How to determine if a treatment should be deemed reasonable?

In order to determine whether a treatment should be deemed reasonable, the court will consider the animal’s health prior to the injury in question and the type of injury that was inflicted. The value of the animal to its owner, which can be deduced by using a number of factors, including the kind of animal, the quality and length ...

Can you recover your pet's vet bills?

Both your pet’s vet records and the related costs can serve as valuable evidence when attempting to recover expenses. Additionally, the laws for this type of action can vary by state and sometimes even by county. In fact, most state laws do not specifically provide how much a person can recover if their pet has been injured or killed as a result ...

What to do if an animal dies?

If the animal becomes ill, take it to a vet immediately. If it dies, take the body to a vet to determine if the death came from some condition that the seller should have known about. Either way, keep all of your records from the vet. Notify the seller as soon as a vet has diagnosed the problem.

How to protect your rights when buying a dog?

There are several steps that you should take to protect your rights when you buy a dog or other companion animal. Get a written sales agreement that includes a guarantee of the animal’s health (or discloses any health problems), a list of vaccinations it has had, its history, training, pedigree (if that’s relevant), and any special training.

How long does it take to get a lemon for a pet?

The time for notifying the seller varies, usually from 10 to 14 days.

What is a companion animal?

Companion animals are considered “goods” under state versions of the Uniform Commercial Code, the law that governs sales by a merchant and gives dissatisfied buyers certain rights. When it comes to pets, merchants include breeders, pet stores, and anyone who routinely sells companion animals. When you buy something from a merchant, ...

Can you return a pet for a refund?

Under these laws, a buyer must promptly give the seller written notice of the problem, along with a certification from a licensed veterinarian that the animal has an illness or disease that existed before the purchase. The owner may then return the pet for a refund or another similar animal.

Can you sue a pet dealer for a warranty?

If you believe that a pet dealer or breeder has violated either an implied or express warranty, you may sue to get a refund or replacement for the animal. Small claims court could be a good way to go, as long as you aren't seeking more money than your state's dollar limit for small claims.

Can a veterinarian lawyer pay an hourly fee?

But in veterinary malpractice cases, the potential compensation is often not enough to cover the lawyer’s expenses. As a result, lawyers may turn you down or ask for an hourly fee—unless there are some special circumstances that could make you case worth more.

Can you get compensation for a pet that dies?

It can be difficult—but not impossible—to get fair compensation for your loss when a pet dies or suffers as a result of a vet’s careless or incompetent treatment. If you’re like most people, you treat your dog or cat like a member of the family. As you would for other family members, you’ll do whatever you can to get the best medical treatment ...

What happens if someone is liable for a pet injury?

When someone is liable for an injury to your pet, you're probably devastated and angry. And if you're like most people, you want to be compensated for your loss. If it's only a matter of a vet bill to treat the injury, the amount of that loss should be easy to calculate. But what would be fair compensation if your pet died, ...

What does it mean when a court orders a pet to pay the owner?

When a court orders someone who injured or killed a pet to pay the owner, that money is intended to compensate for the economic (and sometimes emotional) loss. In some states, courts may also award "punitive damages" intended to punish the wrongdoers for outrageous or deliberate actions.

How do courts measure an animal's economic value?

There are three different ways that courts generally measure an animal's economic value: fair market value, replacement value, or the special value to the owner. Fair market value. Like any other property, the fair market value of a pet is the amount that it would bring if it were sold on the open market.

Why is the replacement value higher than the market value?

The replacement value is probably higher than the market value, because it can include things like training and accomplishments (like winning awards at dog shows). Special economic value.

What is exemplary damages in California?

For example, California law specifically allows these awards (known in that state as "exemplary" damages") for injuries to animals "committed willfully or by gross negligence" ( Cal. Civ. Code § 3340 ). Punitive damages may be especially appropriate in animal cases, where compensation is likely to be low.

What is the first expense for a dog?

When your dog or cat has been hurt , your first expense is usually for veterinary care. The person responsible for the injury will probably be liable for those bills. But courts usually allow compensation only for "reasonable" treatment. The question of what's reasonable depends on several factors, including the extent of the injuries and the animal's age and general condition.

Why are dogs considered business assets?

Because dogs or other animals kept for breeding are essentially business assets, their monetary value may include the lost potential revenue (as in the McDonald case). But judges may stick to the replacement-value standard, reasoning that the owner can get another animal that will generate the same income.

Who is financially responsible for injuring a dog?

As a general rule, anyone who intentionally injures a dog or other animal is financially responsible to the animal's owner. There are exceptions. For instance, many states have laws that allow people to kill or injure dogs that are attacking or harassing their livestock.

What to do if your companion animal is hurt?

So if your companion animal has been hurt or killed because of another person's careless ness or intentional act, consider speaking with an attorney experienced in animal law, property damage claims, or personal injury law.

What is negligence lawsuit?

Negligence lawsuits for injury to an animal usually come up when people—like pet sitters, dog walkers, shelter employees, or groomers—have taken on the responsibility to care for someone else's pet. (Special legal standards apply in cases of veterinary malpractice .)

What happens if a dog attacks another dog?

So if a dog had a tendency to attack other dogs, its owner would be liable for the injuries resulting from that kind of attack; the injured animal's owner wouldn't necessarily have to prove that the other owner was negligent.

What happens when a dog walks in a hot car?

An employee of a dog-walking service leaves a dog in a parked car on a hot day, and the animal dies of heat prostration. A careless groomer gives a dog razor burn, which becomes infected and requires medical attention. A tree trimmer carelessly drops a heavy branch in the yard next door, injuring a dog.

What are some examples of intentional injury that may entitle the pet's owner to compensation?

Here are some examples of intentional injury that may entitle the pet's owner to compensation: Boys take a cat from its owner's porch and set it on fire, apparently for their amusement. A homeowner purposefully poisons a dog that frequently came onto his property in the past.

What are some examples of intentional injury?

Here are some examples of intentional injury that may entitle the pet's owner to compensation: 1 Boys take a cat from its owner's porch and set it on fire, apparently for their amusement. 2 A homeowner purposefully poisons a dog that frequently came onto his property in the past. 3 A thief takes a dog and sells it to a research lab. 4 A man shoots a dog that wandered onto his property, even though the animal wasn't aggressive or threatening ( Scheele v. Dustin, 998 A.2d 697 (Vt. 2010)). 5 A garbage collector throws an empty garbage can at a tethered miniature dachshund and then laughs after the dog is hit ( LaPorte v. Associated Independents, Inc., 163 So.2d 267 (1964)).

What are the defenses to a veterinary malpractice lawsuit?

The most common defenses to a veterinary malpractice lawsuit are: Statute of limitations defense. The statute of limitations refers to the amount of time you have to file a lawsuit.

How much did the owner of the dog get paid after the trial?

After the trial, the jury awarded the owner $39,000.

How long is a vet liable for malpractice?

The statute of limitations in veterinary malpractice cases is generally 2 or 3 years, but the exact time varies from state-to-state. Good Samaritan defense. Most states have Good Samaritan laws. Under these laws, if a vet renders care in an emergency situation, they’ll only be liable for gross negligence.

What is the most difficult element to prove in a malpractice case?

In most veterinary malpractice cases, the most difficult element to prove is “breach.”. That is, that the vet deviated from the professional standard of care. Most states define “professional standard of care” as “the exercise of the care and diligence as is ordinarily exercised by skilled veterinarians.”. While some states compare the behavior in ...

What is the duty of care of a vet?

Duty of care. You have to prove that your vet accepted the responsibility to treat your pet. This is usually easy to prove, as treatment is generally scheduled ahead of time. Breach. You have to prove that the actions or inactions of your vet fell below the professional standard of care. Proximate cause.

What does res ipsa loquitur mean?

The fancy name for this legal principle is “res ipsa loquitur,” which simply means that the act is so bad that negligence is presumed. For example, if you bring your dog in for surgery on his right paw and the veterinarian amputates his left paw, res ipsa loquitur would likely apply.

What is the traditional computation of damages for the loss of a pet?

The traditional computation of damages for the loss of a pet is the market value of the pet. In other words, the amount of money someone else would pay for a pet of the same age, breed, condition, etc.

What is the Animal Legal Defense Fund?

Since 1979, the Animal Legal Defense Fund has led the charge to win animals the legal protection they so desperately need—and deserve. Your generous gift will assure that we can continue to take on cases that advance the interests of animals.

Is a large animal considered a property?

Here are some basics: By and large animals are considered “property” under the law. This means that in many cases, you are limited to compensation for your animal’s “market value,” along with associated “economic damages” like veterinary bills. In recognition of animals’ elevated places in our homes and lives, a growing number ...

Can you recover damages for an animal?

Damages for Death or Injury of an Animal. No one wants to think about their animal companion being killed or hurt. But if this happens, you may be able to recover “damages,” or monetary redress. This is a broad overview intended to be useful to caregivers of animals who have been injured or killed. It is not a substitute for an attorney.

Who sued Sue Gorman?

School officials ignored the warning. Cooney also sued the City of Parlier and Fresno County and settled for $60,000. In August 2011, a Pierce County jury awarded Sue Gorman $2.2 million in damages after being mauled by two pit bulls that entered her home through an open sliding glass door on August 21, 2007.

Who sued Paula Ybarra?

In June 2008, it was reported that Paula Ybarra, 38, filed a lawsuit against Thomas Mohrbacker, the owner of the dogs that attacked her. The suit also claimed the city's Animal Care and Control department failed to protect her from the dogs it had declared "dangerous.".

How much did Lev Liberman get for dog mauling?

In September 2007, it was reported that Lev Liberman was awarded $3 million dollars by the City of New York after enduring a horrific dog mauling in December 2001. Initially, the Queens Supreme Court justices dismissed the case, as well the case of Marlene Fils-Aime who was seriously injured in the same attack.

What happened to Henry Piotrowsky?

In August 2008, lawyers for Henry Piotrowsky, who was mauled July 1st by two pit bulls, filed a notice of claim against the City of New York seeking $7 million in damages. Piotrowski was severely injured in the attack, which caused the amputation of his left leg, and injury to his face, neck, arms and right leg.

What happened to Christina's pit bull?

The pit bulls tore out part of her throat. Prior to the fatal dog attack, Christina had reported the dogs to animal control after they had tunneled into her yard. The victim was in the in process of moving partly due to the neighbor's aggressive dogs.

What happened to Zachary Rasmussen?

In October 2010, Zachary Rasmussen was attacked by a pit bull in Memorial Park after the dog pushed through an unsecure gate at the park's dog run. At the time of the attack, the victim was in the ball field area of the park with his parents.

Who is Bill Casey's sister?

In September 2011, Bill Casey filed a lawsuit against the City of Moreno Valley. Last year, his sister, 53-year old Christina Casey , was mauled to death by her neighbor's two pit bull-mixes. She was discovered dead in her yard after the dogs dug a hole under a fence separating the two properties.