What Is a Wrongful Death?

Wrongful death happens when a person dies because another party failed to act responsibly. In the case of fatal dog attacks, that can mean a dog owner failed to control an animal with dangerous tendencies, or didn’t follow local leash laws. But the question is, can you file a wrongful death lawsuit after a fatal service dog attack? The answer to this can be confusing, but this article covers everything you need to know.

When this results in someone’s death, a wrongful death claim can be filed to seek justice and wrongful death compensation for the victim’s family.

How Dog Attacks Lead to Legal Action

Though not all dog bites result in death, fatal dog attacks are more common than most people believe. This includes attacks by service dogs, which are assumed to be safe due to their training. However, any domestic animals or even exotic animals under someone’s care can become aggressive.

In these cases, a legal dog bite claim can be filed if the owner ignored past warning signs or failed to prevent the incident.

While dog attacks can happen quickly, the consequences for the family left behind are long-term. Filing a claim is not just about receiving compensation—it’s about holding people accountable and preventing similar incidents in the future.

That’s why understanding who can file, what’s required, and how liability is established becomes critically important in these tragic moments.

Who Can File a Wrongful Death Lawsuit After a Fatal Dog Attack?

Understanding wrongful death claims and personal injury lawsuits is crucial. Like a car accident case, it can have several legal complications. For instance, a wrongful death lawsuit is usually filed by close relatives of the deceased. The most common individuals eligible to take legal action include:

1. The deceased’s surviving spouse

The surviving spouse often suffers the most significant emotional and financial loss. This includes the loss of companionship, household support, and shared income.

In addition to these non-economic damages, the spouse may also be responsible for handling funeral and burial costs and other end-of-life medical expenses.

Courts recognize this heavy burden and typically give spouses the first right to file a wrongful death claim.

2. Children or adopted children

Minor children may be entitled to compensation for the loss of guidance, financial support, and emotional comfort. If the deceased parent provided primary financial care, the child could suffer from both emotional distress and economic hardship.

In these cases, wrongful death damages may cover lost wages, future income, and therapy costs. Adult children may also file, depending on state laws and whether they were financially dependent.

3. Parents or legal guardians

Parents of minors who die in a dog attack may experience unimaginable grief. The emotional and psychological effects of losing a child are devastating.

These parents can seek wrongful death compensation to cover medical treatment before death, funeral expenses, and long-term trauma. In cases where an adult child has no spouse or children, parents may still be able to file, particularly if they relied on the child for support.

4. Other financial dependents

In some instances, extended family members or individuals financially dependent on the deceased may be eligible.

This might include siblings, grandparents, or life partners. If the deceased provided regular financial help, proof of dependency can support a legal claim.

Courts often examine the relationship and economic reliance to determine eligibility. The goal is to support those who genuinely suffer a financial impact due to the victim’s death.

Establishing Liability in Dog Attack Cases

The liability in such cases is more than just the emotional pain. The emotional and psychological impact is just a part of the larger problem. The financial damage to victims and their families can be daunting. Therefore, there are strict liability laws for the deceased person and legal avenues to take action.

Key Legal Concepts

To win a wrongful death lawsuit, the plaintiff must prove that negligence or a wrongful act occurred. This means showing that the dog owner failed in a duty of care. This can be proven in several ways:

The dog had dangerous tendencies or a history of violence

If a dog has bitten someone before, shown aggression, or been reported to animal control, the owner should have taken precautions. When these warning signs are ignored and lead to a fatal dog attack, liability becomes easier to prove.

In some states, a “one-bite rule” applies, but in others, owners are liable even without a prior incident.

The owner failed to follow local leash laws.

Many communities have strict rules about when and where dogs must be leashed. Ignoring these regulations increases the risk of animal attacks, especially in public areas.

A loose or unrestrained dog attack in violation of the law often serves as strong evidence in wrongful death cases, helping the family seek compensation for both financial and emotional losses.

There were visible warning signs or complaints

If neighbors or previous victims warned the owner or reported the dog, it’s possible to show that the owner was aware of the risks. These complaints—especially when made to landlords, animal control, or community authorities—help establish liability.

When no action was taken, it strengthens the case that the dog owner was negligent or indifferent to public safety.

The owner was negligent or committed a wrongful act

If an owner trains a dog to be aggressive or allows the dog to roam freely despite repeated warnings, their behavior may be considered a wrongful act.

Intentional acts like encouraging aggression, failing to fix a broken fence, or using the dog as a weapon can lead to both civil and criminal liability. These behaviors are central in animal attack cases and affect the total wrongful death damages awarded.

The Role of a Wrongful Death Attorney

Here’s how a wrongful death attorney can help you in such cases:

How Legal Support Helps Families Affected by Fatal Dog Attacks

Filing a wrongful death claim involves paperwork, evidence gathering, and dealing with insurance companies and courts. For families affected by fatal or catastrophic injuries, this process can feel overwhelming.

An experienced wrongful death attorney or wrongful death lawyer becomes essential in managing all legal aspects, so the family can focus on grieving and recovery.

A skilled lawyer will:

Work closely with animal control to gather records

Records from animal control can show whether the dog was previously labeled as dangerous or had prior reports.

These documents are critical in dog attack cases, especially those involving service dogs with hidden histories of aggression.

Cooperation with these agencies also uncovers details that might otherwise be missed by the victim’s family during an emotional time.

Collect medical records and expert statements

Medical records help document the serious injuries, the timeline of the victim’s death, and the exact cause. These are essential for proving damages, such as medical expenses, emotional trauma, and pain and suffering. Expert statements from veterinarians or dog behavior specialists may also support claims about the dog’s dangerous tendencies.

Calculate both economic and emotional losses

Compensation should reflect not only burial costs, funeral expenses, and lost wages, but also emotional injuries.

Families who lose a loved one to such attacks suffer emotional distress, long-term grief, and reduced quality of life. A competent lawyer ensures all of this is included in the wrongful death compensation package being pursued.

Prepare the legal claim under the applicable state laws

Each state has its own laws on wrongful death cases, timelines, and definitions of responsible pet ownership.

Your lawyer ensures the legal process is followed accurately and that the case is filed before deadlines expire. This prevents technical issues from interfering with the ability to seek justice.

Even if we look at the biggest dog bite lawsuits and what they mean for the victims, it’s clear that having a professional on your side can make a massive difference.

The Financial and Emotional Toll of Fatal Dog Attacks

Families left behind after a dog attack face a heavy burden. The costs go beyond medical bills or a simple personal injury claim. They include:

• Emergency room visits and surgeries that failed to save the life
• Grief therapy and support services for the family
• Loss of companionship and household contributions
• Ongoing trauma, especially in cases where children witnessed the attack

These are not small burdens. They affect the household’s structure, long-term well-being, and future plans. By filing a wrongful death lawsuit, surviving family members may find both relief and a sense of justice.

What You Should Do After a Fatal Dog Attack

If your loved one died as a result of a dog attack, take the following steps:

Seek medical records and official reports

Request copies of medical treatment documents, death certificates, and police or animal control reports. These build the foundation of your legal claim and help show how the death occurred.

Photograph injuries and gather evidence

Even after a death, visual documentation of injuries, clothing, and the scene can be valuable. These may assist your wrongful death attorney in proving the severity of the attack and validating the compensation sought.

Identify witnesses and prior complaints

Talk to neighbors or passersby who may have witnessed the incident or had prior negative interactions with the dog. Their statements could support your case and verify the dog’s aggressive tendencies.

These steps can help you understand the business liability for a service dog bite and seek legal, financial support for physical injuries and damages in such incidents.

Contact a wrongful death lawyer immediately

Legal timeframes are strict. Contacting a wrongful death lawyer ensures the process starts on time and that all required evidence is preserved. They can help the deceased’s surviving family members take proper legal steps.

Let Bourassa Law Group Help You Seek Justice

Losing someone to a fatal service dog attack is a tragedy that no one should endure. If you’re wondering whether you can file a wrongful death lawsuit, it’s crucial to understand your rights and take action quickly.

At Bourassa Law Group, our team is experienced in wrongful death cases, including those involving dangerous dogs, animal attacks, and fatal injuries.

We are here to support families seeking justice, secure wrongful death compensation, and help you hold pet owners accountable. Let us stand by you during this difficult time.

Contact Bourassa Law Group today for a free consultation and explore your legal options.

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