What Damages Can People Recover If Their Pets Are Injured In A Car Accident?
Most pet owners consider their animal friends to be part of the family. So when pets are injured or killed in car accidents, it's only natural their owners would want to pursue compensation from the people responsible. The types of damages you can recover, however, depend quite a bit on the circumstances of the accident. Here's what you can expect to get if your pet is hit by a vehicle or harmed in a car accident.
Replacement Or Market Value
In all states, pets are considered the property of their owners. If they are killed as the result of another person's negligent or reckless behavior, or as the result of an intentional bad act, the individual would be responsible for paying either the market value or replacement cost of the animal.
The court will take the animal's breed, age, health, training, and any commercial use or value into consideration. For instance, you may receive more for a pet who was used for breeding than one who wasn't because of the loss of potential income. An example of this is the case of Demeo v. Manville. Although the dog's purchase price was only $200, the plaintiff was able to get over $500 because the puppy had won several awards in dog shows.
Veterinary Bills
If your pet survives the accident but requires veterinary care, you can recover money for those bills and any related costs (e.g. medication). It's important to understand, though, that the court will only award you what it considers reasonable based on the pet's characteristics. For example, the court may reimburse you for physical therapy for a puppy but may throw out a bill for extensive surgery for an older dog with only a few years left to live.
As noted previously, pets are considered property. Though the court may sympathize with your loss, your pet's life will not be valued in the same way as a human's.
Emotional Distress
In certain cases, though, the court does recognize the comfort and companionship animals bring into people's lives. If the accident was caused by a person's reckless behavior or intentional actions, then you may be able to recover for emotional distress using the Intentional Infliction of Emotional Distress claim. This legal theory holds people liable for the distress that their intentional or reckless actions may cause others. For example, a person who hits your dog while traveling at an extremely high rate of speed down a residential street may be ordered to pay for the emotional fallout caused by his or her reckless behavior.
Be aware, though, that your ability to recover damages based on emotional distress varies from state to state. Some states hold the position that the bonds between a human and a pet are not equal to the bonds that form between two humans and, therefore, bar pet owners from suing for emotional distress. The Supreme Court in New Jersey, for instance, barred a woman from collecting money for emotional distress even though she watched her pet get mauled to death. In California, though, a family was awarded money for emotional distress after their neighbor intentionally harmed their dog.
Other Damages
Depending on the circumstances, the courts may allow plaintiffs to collect damages based on a pet's sentimental value. For example, Tennessee law allows pet owners to recover up to $5,000 from defendants for the loss of companionship of a pet. If a person's actions are particularly egregious, the court may award the pet owner punitive damages to punish the perpetrator for his or her behavior.
If your pet was harmed in a car accident, it's best to talk to an attorney or visit a website like theluckylawfirm.com to get help you determine the best way to go about collecting compensation for the harm done to your animal companion.
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