When a beloved dog is injured or killed, the emotional impact can be overwhelming. But what if someone’s negligence is to blame for running over your dog, can you sue? In Maryland, understanding your legal rights when a dog is injured or killed can help you decide whether to pursue compensation and how state laws apply to your case.
If you believe your pet was harmed due to another person’s negligence, contact the Law Offices of Alex Poberesky, P.A. Our experienced dog bite lawyers in Maryland can help you take legal action and seek fair compensation for your loss.
Veterinary Bills and Out of Pocket Expenses
If your dog has been run over, you might wonder if you have any legal recourse as a pet owner. Under Maryland dog injury laws, pet owners may have veterinary bills and similar out-of-pocket expenses they owe for their animal companion.
When an animal dies, you may wonder what economic damages you may claim. What, specifically, can you request under the law?
Why You Can’t Ask for Emotional Distress
Because domestic animals are considered property, you can’t ask for non-economic damages such as emotional distress. You can only ask for tangible damages to cover the costs of veterinary bills and other pet-based property-related expenses.
When You Can’t Ask For Compensation for Negligence
You may wonder, if your dog ran out in front of a car, about your specific rights in a negligence lawsuit as well.
In these cases, the pet owner is usually responsible if their pet’s death or a pet’s injury resulted from their dog running loose and getting injured or killed.
You have to show the driver acted negligently or was driving drunk, speeding, or distracted.
Drivers are Required to Stop and File a Police Report
Most states, including Maryland, require that drivers stop and file a report with the police if they hit any animals when driving. Maryland Transportation Code, § 20-106 covers this requirement.
What To Do When Your Companion Animal Has Been Injured or Killed
If your dog has been injured or killed by a vehicle, taking the right steps is critical for pet owners who wish to cover the costs for their companion animal.
Most expenses cover vet bills and other related economic damages in small claims court cases. A lawyer can quantify what you’re owed in cases of negligence. Take the following steps to maximize your compensation.
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Seek Immediate Veterinary Care
Ensure your animal companion receives medical attention immediately, even if dog attack injuries aren’t obvious.
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Document Everything for Your Lawyer
Take photos of the accident scene, your dog’s injuries, and any relevant road signs or signals. Gather contact information from witnesses and the driver involved if you wish to present evidence to support your claim.
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Report the Incident
File a report with local law enforcement or animal control. This official record can be vital for any legal claims you plan to file with a court clerk later.
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Consult with an Experienced Lawyer
Contact an attorney who specializes in animal law or personal injury cases. The best dog bite attorneys in Maryland often handle companion animal injury and negligence claims. They can help you recover the full value of your losses.
What Happens When Someone Intentionally Injures or Kills a Pet?
If someone intentionally harmed your pet, you can legally file criminal charges and seek compensation for the monetary value of your “personal property.”
While small claims courts consider, in accordance with the state law and local laws, the fair market value of a service dog or companion animal, you may still think of your dog as a family member and friend.
However, dog owners, who make claims in a civil lawsuit or negligence claim, must assess the fair market value of their “damaged property.” They can’t receive non-economic damages for emotional harm or mental distress.
They can ask for damages, such as vet bills, stud fees, or burial expenses, in cases where animals are killed. A person who requests more compensation may do so because of the severity of the animal’s injuries or the level of abuse or negligence.
For example, a person might sue for the replacement cost of animals, placing a special value on certain animals, such as a service dog or a dog used for breeding purposes.
Different rules or legal options apply, depending on intent or the nature of the incident. The value of a pet may lead to a settlement amount on the open market, and in many courts, of several thousand dollars. In Maryland, the cap is set at $10,000.
Again, animals are considered property, so your settlement value is based on market value, the replacement cost in some instances, and what you pay in veterinary bills and surgeries.
You can’t request compensation for loss of companionship or sentimental value.
Animal Cruelty Laws for Pets in Maryland and the Animal Legal Defense Fund
In Maryland, animal cruelty laws are taken very seriously. These laws protect animals from mistreatment and harm, including any legal action where a dog is injured or killed as a result of a driver’s negligence.
Under Maryland dog bite law, intentionally injuring or killing an animal can lead to charges of animal cruelty.
If someone hits and injures or kills a dog on purpose, they may face criminal penalties, including fines and jail time. If their actions are notably negligent, they may also be subject to punitive damages.
Organizations, like the Legal Defense Fund, support animal anti-cruelty laws that prevent the torture and abuse of animals and ensure their safety and care.
Thanks to the influence of these types of organizations, egregiously reckless acts allow pet owners to seek punitive damages for pets that have suffered cruelty or abuse.
How to File a Car Accident Lawsuit in Court for the Value of a Pet Injured or Killed
Before you file a lawsuit in court for the value of the pet, you need to consult with a lawyer who knows everything there is to know about how to file a civil lawsuit in this type of case.
You should share witness statements, medical or vet records, and photos from the scene of the accident with your attorney.
The lawsuit itself involves several stages – stages that your attorney will help guide you through effortlessly.
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Filing the Complaint
This document outlines your case against the defendant and the damages you are seeking.
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Serving the Defendant
The defendant must be formally notified of the lawsuit.
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The Discovery Process
Both sides exchange information and evidence related to the case.
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Negotiations
Before going to trial, both parties might try to settle the case out of court.
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Going to Trial
If no settlement is reached, the case will proceed to trial, where a judge or jury will decide the outcome.
Each step involves careful legal work, making it important to have a lawyer’s guidance throughout the process.
Elements of a Claim for Negligence
When considering a lawsuit to sue someone for running over your dog, several legal elements must be established.
First, you must demonstrate that the person had a duty to operate their vehicle responsibly.
Next, you need to show that they breached this duty by acting negligently or recklessly.
Finally, you must prove that their actions directly caused the injury or death of your pet.
Proving a Claim
To successfully prove a claim in a case where someone ran over your dog, again, gathering the right evidence is critical.
This includes eyewitness statements, any available video footage or photos of the incident, and police or animal control reports.
Additionally, veterinary records can substantiate the extent of your pet’s injuries, linking them directly to the accident.
Talk to the Law Offices of Alex Poberesky, P.A.
The Law Offices of Alex Poberesky, P.A., handle personal injury and property damage cases throughout Maryland, including claims involving pets and companion animals.
If your dog was injured or killed because of someone’s negligence, our experienced Maryland dog bite attorneys can help you pursue full and fair compensation.
Call today to schedule a free consultation and learn about your legal options.
