Question
Our dog had to have emergency surgery to amputate her tail due to groomer negligence. Groomer and her insurance company are accepting liability and will cover vet costs... but do we have any recourse for any future complications that may arise after our dog is healed from this surgery? The insurance company is saying no.
Florida, USA
Answer
I am so sorry to hear about your dog and hope she does well. Instead of accepting an insurance company’s offer, people have the option to sue to try to secure greater compensation.
Insurance companies will generally require people to sign a receipt and release agreement before payment. These agreements provide that the payment is in full satisfaction of the claim. Therefore, it is very important to try to negotiate the best settlement possible. Documentation from a veterinarian regarding likely expenses for aftercare should be presented as part of the negotiation process. People sometimes also seek ancillary expenses, such as lost earnings and animal care assistance. Emotional distress can be requested as well although courts do not typically award such damages in animal injury/death cases (but some have). When the harm is the result of gross negligence or an intentional act, punitive damages can also be sought (which are intended to punish and to deter). Punitive damages are not awarded in most cases (but it depends on the facts and circumstances).
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The post Emergency tail amputation due to groomer negligence. appeared first on Animal League.
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