Call the vet or take your pet to the vet. [2] X Research source Your pet’s health should be your first priority, so get her treatment immediately. The vet can treat your pet and also document the extent of the injury. Be sure to leave the vet’s office with a copy of your pet’s record that shows the injury. Take your pet to the vet even if she is already dead. The vet can perform an examination to determine the cause of death. This report will be helpful later on during a lawsuit. [3] X Research source Take photographs. You can also take color photographs that show the injury. If your pet was killed, take photographs of the animal where you found him or her. [4] X Research source Someone can take photographs for you if you are too emotional.
The person who injured your pet is also a witness. You should write down whatever they say. A defendant’s statements can be used against him or her at trial.
You should also call the police if you don’t know who killed or injured your pet. Unfortunately, you need to know this person’s identity before you can sue. In every lawsuit, you need to name a defendant. If you don’t know who harmed your pet, perhaps the police can find out by performing an investigation. It is a crime if someone intentionally kills your animal, so always call the police if someone intentionally kills your pet. In most states, the prosecutor will charge the defendant with animal cruelty. The judge will also order the defendant to pay you compensation. [6] X Research source
For example, if you adopted the pet and paid an adoption fee, then you will need to find the receipt for that fee. If you purchased your pet from a breeder, then a copy of the check that you wrote or a receipt from the breeder can serve as proof of payment. Keep in mind that the amount you will be compensated may be more or less depending on the amount that you paid for your pet. For example, an expensive show dog will require more compensation than a dog that you adopted from an animal shelter.
To help you stay organized, you should set aside a folder which can hold your bills. As soon as you get home, you can throw your receipts in the folder. When you get ready to sue, you can sit down and add up the amount you spent on treatments.
photographs of you and your pet together witness testimony about how important the pet was to you and your family
As soon as possible after you discover your pet’s condition, you should sit down and write down how you are feeling. Be honest. This documentary evidence can come in handy when you sue. In particular, you should document the shock that you felt at coming upon your dead pet’s body or seeing someone attack your pet. Also describe any ongoing depression that you feel. You can keep a daily journal, if you want, in which you explain your emotional distress and continued feelings of grief.
The market value of the pet. If your cat is killed, for example, then you can get compensation for how much it would cost to buy another cat. This amount is calculated based on your pet’s breed, age, health, and other factors. Punitive damages. In some states, a judge can award you “punitive damages” if you win your lawsuit. Punitive damages are meant to punish the defendant for particularly bad conduct such as intentionally killing your pet.
To find a qualified lawyer, you should contact your local or state bar association, which should offer attorney referrals. Once you have the name of a lawyer, you can call and schedule a half-hour consultation. Most lawyers offer these for free or for a reduced price. Be sure to discuss with the lawyer other ways of resolving your dispute. Lawsuits are expensive and your pet’s injury might only have cost $200 to treat. You might pay that much just to file a lawsuit. You should talk with your lawyer about different ways you could settle the dispute outside of court.
You should also think about suing in small claims court. These courts are set up so that you don’t need a lawyer. If you can’t afford a lawyer, then you should sue in small claims court. Small claims courts only handle disputes below a certain amount. This amount will differ depending on your state. Generally, the maximums are between $5,000 and $10,000. [12] X Research source If you want to sue for more than your state’s maximum, you will have to sue in regular civil court.
Your lawyer can draft the complaint. However, if you don’t have a lawyer, then you should stop into the court and ask if they have a “fill in the blank” complaint form for you to use.
Your name and contact information. The name and contact information for the defendant. How much money you want the court to give you. A description of what the defendant did. In particular, explain the defendant’s actions. Also describe the injury your animal suffered. For example, “The defendant backed up his Ford F-150 down the driveway. My dog ran toward the truck, barking. The defendant did not stop or look over his shoulder. Instead, he accelerated down the driveway, running over my dog, which died instantly. ”
The clerk should stamp all of your copies with the date. This will help show that you filed the original. You will probably have to pay a filing fee to start the lawsuit. If you can’t afford the fee, then ask for a fee waiver form and complete it.
Generally, the Summons can be served in a few ways. For example, you can pay the sheriff or a private process server to make service on the defendant. [15] X Research source Each service will cost around $50. You could also have someone 18 or older serve notice, provided he or she is not part of the lawsuit. [16] X Research source You are not allowed to make service. Whoever makes service should fill out a “proof of service” form and return it to you. You then need to file it with the court. [17] X Research source Keep a copy for your own records.
For example, you may need to get a statement from your pet’s veterinarian, collect veterinary records, gather receipts, and gather other types of evidence that can help to prove your position in court.
Know what you need to prove. Generally, you will need to prove that the defendant either intentionally harmed your pet or “negligently” did. [18] X Research source Negligence means that the defendant didn’t exercise proper care around your pet. For example, if the defendant backed over your dog, then he might not have shown sufficient care if he didn’t look in his rearview mirror. Line up your witnesses. You will have to give the defendant a list of witnesses you intend to call. These witnesses must have relevant, personal knowledge. This means they can’t testify as to what someone told them or to rumors. Send subpoenas to witnesses. Tell your witnesses when the trial is being held. If you are afraid they won’t show, then get a subpoena from the court clerk and have it served on each witness. A subpoena is a legal command to attend trial and give testimony. [19] X Research source Prepare exhibits. You can introduce helpful documents as exhibits. For example, the vet’s report which shows the cause of death or the extent of injury is a great exhibit. To turn a document into an exhibit, make sure it is free of any handwriting or notes. Then put an “exhibit sticker” on it. You can get exhibit stickers from an office supply store or from the court clerk. [20] X Research source
A summary judgment is not always a bad thing. In fact, it may be to your advantage if your evidence is lacking.
You should check in with the court clerk when you arrive. You may need to sign in. Make sure to turn off all electronic devices (including cell phones) before entering court. Also throw away all food and drinks, as they are not allowed in court. [22] X Research source
In small claims court, the trial might be more informal than in regular civil court. However, you will probably still need to summarize your case in at least a few sentences so that the judge can understand the dispute. For example, you should tell the judge the injury to your pet and what evidence will show the defendant committed the injury. You could say, “As the evidence will show, the defendant visited my house on July 2, 2016. As he was pulling out of my driveway, my dog ran up to his truck. And as the evidence will further show, the defendant did not slow down or look in the rearview mirror. Instead, he ran over my dog. ”
If you are handling questions on your own, then remember not to ask “leading questions. ” A leading question suggests its own answer and can usually be answered “yes” or “no. ” For example, “The dog was dead when I brought him in to you, isn’t that correct?” is a leading question. Instead, you should ask open-ended questions, like the following: “What is your profession?” “How long have you been a vet?” “Where were you on July 2, 2016?” “Did someone stop in?” “What condition was the dog in?”
You should speak confidently and directly. Don’t drag your feet if the defendant’s lawyer asks you an uncomfortable question. For example, if the defendant asks if you ever tied your dog up, don’t stall. Instead, say, “No” if that’s the answer. If you find yourself getting emotional, then ask the judge if you can take a short break. Don’t get rattled on cross-examination and don’t argue with the defendant’s lawyer or the judge. [23] X Research source Instead try to stay calm. Always listen closely to the question and ask for clarification if you need it. Don’t guess if you don’t understand the question. [24] X Research source
If you are representing yourself, then see Question Witnesses when Representing Yourself for tips on cross-examination.
Keep in mind that you do not have to agree to the terms of a settlement until you are happy with them. Settlement conferences may take place early on and later in the trial process. [26] X Research source
Always remind the judge of specific pieces of evidence. If you refer to a document, then have the document or photograph in your hand. For example, you can argue, “I introduced this veterinarian report earlier. Dr. Miles said it represented his opinion about the dog’s death. “Blunt force trauma” is what the report says. On the stand, Dr. Miles gave his opinion that the force was consistent with being run over by a truck. ”
If you lose the lawsuit, then you might be able to bring an appeal. You should talk this over with a lawyer. If you want to appeal, then you do not have a lot of time to file your Notice of Appeal form. Most states give you less than 30 days from the date the judgment becomes final. In some states, like Missouri, you have fewer than 10 days. [27] X Research source
