How To Sue Someone for Injuring or Killing Your Pet
Any injury to your pet can be traumatic.People think their pets are like children.If your pet dies as a result of an injury, you can receive compensation.Before you file a lawsuit, you should meet with a lawyer to discuss your state's law and the strength of your case.
Step 1: You should document the injury to your pet.
In order to bring a successful lawsuit, you need evidence of an injury or death.Immediate treatment for an injured pet is what you want.If you're in shock, you should call the vet or take your pet to the vets.Your priority should be your pet's health.The extent of the injury can be documented by the vet.You should leave the vet's office with a copy of the injury record for your pet.If your pet is already dead, take her to the vet.The cause of death can be determined by the vet.During a lawsuit, this report will be helpful.Take pictures.You can take pictures of the injury.Take pictures of the animal where you found your pet dead.If you're too emotional, someone can take photographs for you.
Step 2: Make a list of witnesses.
If someone witnessed your pet getting injured or killed, you should try to contact them.If you go to trial, you might need to call them later.A witness is the person who injured your pet.You should write it down.The statements a person makes can be used against them.
Step 3: The police report should be filed.
Whoever killed or injured your pet should be reported to the police.The police will fill out a report when they investigate.If you don't know who killed or injured your pet, call the police.Before you can file a lawsuit, you need to know this person's identity.You have to name a person in a lawsuit.If you don't know who hurt your pet, the police might be able to find out.If someone kills your pet, you should always call the police.The prosecutor in most states will charge the person with animal cruelty.You will be ordered by the judge to pay compensation.
Step 4: Determine the worth of your pet.
The amount of compensation you will get depends on how much you paid for your pet.Do you know how much you paid for your pet?You need to find the receipt for the adoption fee if you adopted the pet.If you bought your pet from a breeder, a copy of the check or a receipt can be used as proof of payment.The amount of compensation you will get depends on the amount you paid for your pet.An expensive show dog will require more compensation than a dog that you adopted from an animal shelter.
Step 5: Don't pay bills to treat the animal.
If you spent money on your pet's medical treatment, you can be compensated.If you purchase medicines or supplies, you should keep your bills and receipts.You can keep your bills in a folder to help you stay organized.You can put your receipts in the folder when you get home.You can add up the amount you spent on treatments when you're ready to file a lawsuit.
Step 6: You should get evidence of your relationship with your pet.
You may be able to get compensated for the sentimental value of your pet.This sentimental value includes the loss of a loved one.Photographs of you and your pet together can be used to prove your special relationship.
Step 7: Don't forget to document your emotional suffering.
You may be able to get compensation if you watch your pet get injured.This is dependent on your state law.The emotional pain that your pet has caused you should be documented.When you discover your pet's condition, you should write down your feelings on a piece of paper.Be honest.The documentary evidence can be used in a lawsuit.You should document the shock that you felt when you found your dead pet or when someone attacked your pet.Mention any ongoing depression that you feel.If you want, you can keep a daily journal in which you explain your feelings of grief.
Step 8: Other compensation should be identified.
Depending on your state, you may be able to get other compensation for things like veterinary bills and emotional distress.If your cat is killed, you can get compensation for how much it would cost to buy another cat.Your pet's breed, age, health, and other factors are used to calculate the amount.Punitive damagesIf you win a lawsuit, a judge can award you damages.Punitive damages are meant to punish the person who killed your pet.
Step 9: Meet with an attorney.
You should talk to an attorney about your case.You don't have to hire a lawyer to evaluate your case.The lawyer can tell you if you want to file a lawsuit.If you want to find a qualified lawyer, you should contact your local or state bar association.If you have a lawyer's name, you can schedule a half-hour consultation.These can be offered for free or for a reduced price.Discuss the other ways of resolving your dispute with the lawyer.If your pet has an injury, it might only cost $200 to treat.You might be able to file a lawsuit for that amount of money.You should talk to your lawyer about ways to resolve the dispute outside of court.
Step 10: Find the right court.
You have to file a lawsuit in the county where the death or injury took place.You can file a lawsuit in your county court if the person lives in the same county as you.You should consider suing in small claims court.The courts are set up so you don't need a lawyer.If you can't afford a lawyer, you should go to small claims court.disputes below a certain amount are handled by small claims courts.Depending on your state, this amount will be different.The maximum is between $5,000 and $10,000.If you want to file a lawsuit for more than your state's maximum, you will have to go to regular civil court.
Step 11: Request a complaint form.
The lawsuit begins when you file a complaint.The document explains to the judge what happened.You state how much compensation you want the judge to give you in your complaint.The complaint can be drafted by your lawyer.If you don't have a lawyer, you should ask if the court has a "fill in the blank" complaint form that you can use.
Step 12: Go ahead and complete the complaint.
Your information should be legible.If you have to, use a typewriter.The complaint form is slightly different.They all ask for the same information: your name and contact information.The name and contact information of the person.The court will give you money.A description of what the person did.Explain the actions of the defendants.Tell about the injury your animal suffered.The driver of the Ford F-150 backed up down the driveway.The dog ran towards the truck.The man didn't stop or look over his shoulder.He ran over my dog, which died instantly, instead of driving down the driveway.
Step 13: You can file a complaint.
Multiple copies should be made.You can keep one for your records and send one to the defendants.Each of the defendants gets a copy if there is more than one.The original complaint and copies should be taken to the court clerk.To file, ask.The date should be stamped on all of your copies.This will show you filed the original.It is likely that you will have to pay a filing fee.If you can't afford the fee, you should complete a fee waiver form.
Step 14: The complaint should be served.
You will need to serve the complaint against the other person before you go to trial.To appear in court, the complaint and the official "Summons" will have to be served.The answer will need to be given by the defendants.The summons can be served in a number of ways.The sheriff or a private process server can make service on the defendants.It will cost around $50 for each service.If he or she is not part of the lawsuit, you can have someone 18 or older serve notice.You cannot make service.A proof of service form should be filled out by anyone making service.You have to file it with the court.You should keep a copy of your own records.
Step 15: Don't be afraid to engage in discovery.
Both parties will need to engage in the process of discovery after the plea or pleas have been entered.Giving statements under oath, gathering witness testimonies, and collecting other types of evidence are included in the trial phase.If you want to prove your position in court, you may need to get a statement from your pet's vet, collect veterinary records, and gather other types of evidence.
Step 16: Make sure you get your evidence in order.
If you are representing yourself in court, you will need to gather evidence before the trial.You will usually have witness testimonies and other documents in your evidence.Know what you have to prove.You will need to show that the defendants harmed your pet or that they negligently did.Negligence is the act of not exercising proper care around your pet.If he didn't look in his mirror, he might not have shown enough care for your dog.Line up your witnesses.You have to give the defendants a list of witnesses you intend to call.These witnesses need to have personal knowledge.They can't testify about what someone told them.Send subpoenas to witnesses.When the trial is being held, tell your witnesses.You can get a subpoena from the court clerk if you are afraid they won't show.A subpoena is a legal requirement to attend a trial.Prepare exhibits.There are documents you can introduce as exhibits.The vet's report showing the cause of death or the extent of injury is a great exhibit.To turn a document into an exhibit, make sure it is blank.Put an exhibit sticker on it.You can get exhibit stickers from the court clerk.
Step 17: A summary judgment is possible.
The case may be subject to summary judgment if you don't have enough evidence to go to trial or if your evidence is not substantial enough to indicate that you will be successful.All or part of your case will not be considered in court.A summary judgement is not always bad.If your evidence is lacking, it may be to your advantage.
Step 18: Arrive on time.
You do not want to be late for your trial.The judge can dismiss it if you are.You should arrive no later than 30 minutes to spare.You will need to go through security at the courthouse.When you arrive, you should check in with the court clerk.You might need to sign in.Before entering court, make sure to turn off all electronic devices.Food and drinks are not allowed in court, so throw them away.
Step 19: Make a statement.
Each side makes an opening statement in a trial.The opening statement should be used as a guide for the evidence that you will present.Tell the judge what the highlights of the testimony will be.The trial might be more informal in small claims court.In order for the judge to understand the dispute, you will need to summarize your case in a few sentences.You should tell the judge about the injury to your pet and the evidence that will show who committed it.The evidence will show that the defendants visited my house on July 2, 2016My dog ran up to his truck as he was pulling out of my driveway.The evidence will show that the defendants did not slow down or look in the mirror.Instead, he ran over my dog.
Step 20: You can call your witnesses.
You will go first because you are bringing the lawsuit.Your lawyer can ask your witnesses questions.You will probably want your vet to testify about the extent and cause of the injury.If you are handling questions on your own, don't ask "leading questions." A leading question suggests its own answer and can usually be answered "yes" or "no."Instead, you should ask open-ended questions, like the following: "What is your profession?" "How long have you been a vet?" and "Where were you on July 2, 2016?"
Step 21: Testify for you.
You will testify as well.If you witnessed the injury to your pet, you can testify about it.You will need to testify as to how the injury affected you emotionally if you are claiming emotional distress.The defense lawyer will cross-examine you after your lawyer asks you questions.If you don't have a lawyer, you will give your testimony in the form of a speech.You should speak with authority.If the lawyer asks an uncomfortable question, don't drag your feet.If you are asked if you tied your dog up, don't stall.If that is the answer, say no.If you become emotional, ask the judge if you can take a break.Don't argue with the lawyer or the judge on cross-examination.Try to stay calm.If you need clarification, always listen closely to the question.If you don't understand the question, guess.
Step 22: The witnesses should be cross-examined.
The defendants can give evidence after you.Your lawyer will be able to ask the witnesses questions.Question witnesses can give you tips on cross-examination if you are representing yourself.
Step 23: Look for opportunities to settle.
Civil suits are settled before the trial is over.A settlement is an arrangement for the person you are suing to pay damages.You don't have to agree to the terms of a settlement until you are happy with them.Settlement conferences can happen early on in the trial process.
Step 24: Your closing argument needs to be delivered.
You will make a closing argument after the trial is over.The purpose is to tie together all of the evidence and show how the defendants killed or injured your pet.The judge should always be reminded of specific pieces of evidence.Take the document or photograph with you if you refer to it.You can argue that I introduced the report earlier.Dr.It was his opinion about the dog's death.The report says that trauma is what it is.Dr. was on the stand.The force was consistent with being run over by a truck, according to Miles.
Step 25: Wait for the decision.
After all evidence has been presented, the judge may deliver the verdict.If your case is complicated, the judge might take the case under consideration and issue a ruling later.You can bring an appeal if you lose the lawsuit.You should talk to a lawyer.You don't have a lot of time to file your notice of appeal.You can get less than 30 days from the date the judgment becomes final.Missouri has less than 10 days.