Pets hold a special place in their owners' hearts. Dogs comfort people when they’re sad, are taken on adventures, and bring joy to their households. When something like a car accident kills a pet, the emotional pain and suffering can make an already heartbreaking situation worse.
But while many dog owners consider their pet to be a member of their family, under Virginia law, dogs are considered personal property. This classification means that when a dog is killed in a car crash, there are limits to what types of damages their owners can recover – and grief isn’t one of them.
Virginia car accidents that result in injuries to or the loss of your pet are different in that they are usually handled through insurance. However, it’s still worth speaking with a lawyer because there are some scenarios in which suing the responsible party is not only possible, but the best course to take.
This is especially true if you or a loved one is injured in the car accident that killed your dog. Why? A Virginia personal injury lawyer may be able to get you additional compensation for the loss of your pet.
Recoverable Damages When Your Dog is Killed in a Car Accident
Pets travel in cars with their owners all the time. Unlike drivers and passengers, there is no specific Virginia law requiring dogs to be restrained in a moving vehicle – yet they can still be seriously injured in a collision. There are, however, safety recommendations for pets in cars, including how to safely restrain them.
Unfortunately, car accidents can cause fatal injuries to your dog, even if you take steps to limit the risks of harm.
Since dogs are considered property in Virginia, there are only a few types of damages that can be recovered:
- Fair market value
- Vet bills
It’s understandably distressing to put a price on the value of your dog; pets are irreplaceable to their families, and when your dog is killed in a car accident in Virginia, determining what they’re worth is the last thing you want to think about. But if you want to be compensated for your loss, fair market value, which is how much your dog would be worth if it were sold, is often the only type of damage available.
There may be other considerations, though. If your dog was a service animal or emotional companion, or if it was a rare breed or purebred, the amount you receive is usually higher.
In limited cases, the replacement value or training costs may also affect how much compensation is recovered when your dog is killed in a Virginia car accident.
Then there are veterinary bills if your pet needed treatment or surgery for injuries from the accident. You may seek reimbursement for these medical costs.
Just like other types of insurance claims and personal injury lawsuits in Virginia, gathering evidence is essential to your claim. The cost of vet bills, records showing your dog’s breed (if available), documentation of special training, and the replacement cost may all impact what owners recover.
While there are specific types of recoverable damages when your dog dies in a crash, you cannot claim emotional distress or loss of companionship (non-economic damages) because of Virginia’s property laws.
Why Speak to a Lawyer After Your Dog is Killed in a Virginia Car Crash
Generally speaking, it doesn’t make sense to file a lawsuit when your dog dies in a car accident because of how little can be recovered. This is especially true when your claim is only for property damage caused in a crash; insurance companies handle repair costs and the market value of your dog.
While you don’t usually sue the other party involved in an accident that killed your pet, there are some exceptions and clear reasons why you may need a Virginia personal injury attorney.
For example, if you were also injured in the car crash that killed your dog, a lawyer can protect your rights, ensure the insurance company pays what you’re entitled to, and seek compensation for damages you might not get on your own. Your attorney may get additional compensation related to the loss of your pet as part of your overall claim, and if a fair settlement isn’t reached, file a personal injury lawsuit on your behalf.
Given Virginia’s contributory negligence law, hiring a skilled car accident lawyer if you’re injured is crucial. You need to show you weren’t responsible for what happened in any way, and insurers will do everything they can to pay as little as possible.
A car accident attorney can help injured individuals recover more than medical bills and property damage when injured in a crash. Other damages in these types of accidents can include lost wages, future expenses, and pain and suffering.
If you were injured in a Virginia car accident that killed your dog, Curcio Law can help. We understand how difficult it is to lose a pet and deal with your own injuries and trauma. We’re here to offer compassionate legal advice you can trust. Contact us online, use our live chat, or call/text 703-836-3366 for a free consultation.
