cat killed by car

[Jerico]

Tuesday evening my cat was hit by car, that night we had no choice but to put him down. The lady that hit him is one of my neighbors, she was neither apologetic, remorseful, or respectful. He was a pure bred Tonkinese and an award winning cat. I spoke with her husband and told them I would like for him to pay for whole of half of the vet bill, which came to 335.00. He said that would be alright. The day after we sent them a two page letter, describing our loss and also to tell that they had 10 days to pay for the bill or we would take them to court. I live in Delaware.

The questions that I pose to you are:

Should I have a lawyer represent me and my husband?

Can I sue for pain and suffering or emotional distress?

Also, what kind of facts should I present to the judge, I already have a witness, and pictures to prove how evolved our cat was in our lives.

Another thing is that I heard a rumor that she asked a child under the age of ten, to be a witness, he was no where around during any of this comotion. And apparently said "the cat was in my way", couldn't I also sue for conspiracy or something.

Thank you in advance for your time and patience.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Arial, Helvetica, Verdana">quote:</font><HR>Originally posted by Jerico:
Tuesday evening my cat was hit by car, that night we had no choice but to put him down. The lady that hit him is one of my neighbors, she was neither apologetic, remorseful, or respectful. He was a pure bred Tonkinese and an award winning cat. I spoke with her husband and told them I would like for him to pay for whole of half of the vet bill, which came to 335.00. He said that would be alright. The day after we sent them a two page letter, describing our loss and also to tell that they had 10 days to pay for the bill or we would take them to court. I live in Delaware.

The questions that I pose to you are:

Should I have a lawyer represent me and my husband?

Can I sue for pain and suffering or emotional distress?

Also, what kind of facts should I present to the judge, I already have a witness, and pictures to prove how evolved our cat was in our lives.

Another thing is that I heard a rumor that she asked a child under the age of ten, to be a witness, he was no where around during any of this comotion. And apparently said "the cat was in my way", couldn't I also sue for conspiracy or something.

Thank you in advance for your time and patience.<HR></BLOCKQUOTE>


My response:

I don't know the law in Maryland, as to domesticated animals. However, I can tell you that in California, a domestic animal such as a cat or dog, is considered personal property - - having no more rights (except for animal cruelty laws) than your t.v. In other words, if an animal runs in the street, there is no negligence or responsibility on the part of a car driver; rather, it is the responsibility of the animal owner to keep his / her "personal property" safe, caged, fenced in, leashed, or behind closed doors. Cats may roam free due to their nature, but the final responsibility for their safety and care, I believe, will remain yours. Streets are for cars, not for roaming animals.

It may do you well, before you waste your time in court, to speak with an attorney to obtain specifics about Maryland law concerning your facts.

IAAL



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