A service dog may be trained to assist, but when it attacks, the consequences can turn deadly. For the surviving family members left behind after such a tragedy, questions often swirl in a haze of grief: Who is responsible? What are our rights? Can the deceased person’s estate file a claim? Most importantly, in estate claims after a service dog attack, do heirs need a lawyer?
This article walks you through your legal options, the intricacies of wrongful death claims, and how the probate process connects to personal injury law. In times of loss, understanding your rights and responsibilities becomes vital. Let us unravel the legal terrain with clarity, care, and practical insight.
Understanding Estate Claims After a Fatal Service-Dog Attack
When a service dog causes a fatal injury, the aftermath extends beyond emotional grief. It sets in motion legal actions involving both estate matters and wrongful death claims. While closely linked, these are not the same.
A negligent or wrongful act that causes someone’s death can lead surviving family members to file a wrongful death claim, including cases where the law holds a dog owner strictly liable for an attack. Many states enforce strict liability laws, meaning the dog owner bears responsibility for the attack regardless of the animal’s prior behavior.
Meanwhile, the decedent’s estate, managed by a personal representative or executor, may pursue a wrongful death lawsuit to recover monetary compensation. This includes medical expenses and other losses tied directly to the decedent’s death.
These claims help surviving family members seek justice and hold negligent parties accountable.
Who Can File a Wrongful Death Lawsuit?
Not everyone can file a wrongful death lawsuit. Each state has different rules, but typically, the claim must be initiated by the deceased person’s estate through a personal representative. This representative is appointed by the probate court and is tasked with managing estate matters. For example, in:
California
California law allows several parties to bring a wrongful death lawsuit under Code of Civil Procedure § 377.60. The surviving spouse, registered domestic partner, children, and issue of deceased children are typically the primary eligible parties.
If none of these relatives exist, other individuals who were financially dependent on the deceased, such as stepchildren, parents, a putative spouse, or dependent minors who lived with the deceased for at least 180 days, may be eligible to file a claim.
If there are no qualified survivors in these categories, individuals entitled to inherit from the deceased under California’s intestate succession laws may bring the lawsuit.
Additionally, a personal representative of the decedent’s estate may bring a single wrongful death lawsuit on behalf of all eligible survivors, under California’s one-action rule.
Wrongful death laws vary by state and can be complex. If you are considering legal action, you should consult an experienced wrongful death lawyer familiar with local laws to understand your rights and filing options.
What Types of Compensation Can Be Recovered?
The financial toll of an untimely death from a dog bite can be overwhelming. Depending on the situation, surviving family members may seek compensation through a wrongful death claim, a survival action by the estate, or a personal injury lawsuit filed before the victim’s passing. Most states allow compensation for both economic and non-economic losses.
The types of damages available can vary depending on the type of claim, but may include:
- Medical expenses prior to death
- Funeral and burial costs
- Lost wages and loss of future earnings
- Pain and suffering experienced by the deceased prior to death
- Mental anguish of surviving family members
- Loss of companionship and care
- Punitive damages in cases of gross negligence
For example, if a service dog bites a senior citizen who later dies from the injuries, the decedent’s estate may recover costs for medical care and the funeral. If the attack resulted from a negligent act, say, the owner ignored leash laws, then the court may impose additional penalties.
How Does the Probate Process Intersect with a Wrongful Death Suit?
The probate process is the legal mechanism by which a deceased person’s estate is administered and distributed. When estate-related claims, such as a survival action, are filed after a fatal service dog attack, the probate court often plays a central role in approving the case and any settlement.
A survival action is different from a wrongful death lawsuit. It seeks damages the decedent could have claimed had they survived, such as compensation for pain and suffering or personal property loss. These claims belong to the estate and are handled through probate.
In contrast, a wrongful death claim compensates surviving family members for their own losses. While the proceeds usually bypass the estate, the probate court may still review and approve the settlement to ensure proper distribution among heirs and resolution of any related obligations.
Because both types of claims may run through probate in some form, it’s essential to work with an attorney to ensure that settlements are properly filed, approved, and distributed according to state law.
Why These Cases Require Special Attention
Service dogs are typically seen as well-trained and essential, but they are not infallible. When one attacks fatally, it creates a unique legal conundrum.
Because these animals are often protected under disability and access laws, some may believe dog owners can’t be held liable. However, that’s not true. In wrongful death cases involving service dogs, courts may still find owners accountable under strict liability standards, especially if the dog had shown signs of aggression.
This complexity makes estate matters involving service-dog attacks particularly sensitive. Legal options must be evaluated thoroughly, and personal injury lawyers can assist the personal representative in ensuring every possible claim is filed. Filing a wrongful death lawsuit is not just about compensation; it’s about the deceased’s right to justice.
Factors Affecting Settlement in Dog-Bite Wrongful Death Claims
Many factors affect settlement amounts in these cases:
- The age and income of the decedent
- The nature of the dog attack (e.g., sudden, provoked, preventable)
- The extent of medical care and suffering prior to death
- Whether punitive damages apply
A deceased person who was the only person providing income for their family will likely result in a higher financial compensation claim. The more severe the mental anguish and the more extensive the suffering, the more monetary damages the court may award.
Keep in mind: these cases also explore the entire estate and how its value impacts the beneficiaries. The personal representative has a duty to pursue recovery for both the financial losses and the intangible value of the human life that was lost.
Do Heirs Need a Lawyer to Handle These Claims?
While the law does not require heirs to retain an attorney, handling estate claims after a service dog attack without legal guidance can be overwhelming. A wrongful death case involves multiple legal areas: probate court proceedings, estate law, personal injury law, and sometimes medical malpractice if delayed care worsened the situation.
An experienced lawyer helps:
- File the necessary legal documents
- Represent the estate’s interest in court
- Ensure accurate calculation of wrongful death damages
- Handle communication with the dog owner’s legal team and insurance
They also protect the surviving family members’ rights and ensure the wrongful death lawsuit is properly executed in alignment with state law. This can be especially critical in places where unique statutes govern how wrongful death actions and estate matters interact.
Pursuing Accountability After a Tragic Loss
Estate claims after a service dog attack raise complicated questions. But one thing remains clear: the decedent’s estate deserves a chance to recover. The untimely death of a loved one demands attention, not just for compensation, but for closure, accountability, and peace.
If your family has experienced such a loss, you may feel overwhelmed. The probate process, wrongful death statutes, and court filings can feel like a maze. That’s where the law offices of Bourassa Law Group can help you understand your legal options. Our team ensures the best interests of your family are honored and that justice is pursued with care.
Contact us for a free consultation and let us help you take the next step toward recovery and resolution.
1-800-870-8910