QUESTION

My dog was in a hit and run in front of my house which resulted in his death. I know the people, as they live down the street. What can I do legally?

Asked on Feb 13th, 2017 on Litigation - California
More details to this question:
My dog pushed my front door open, and ran around my car. The car was speeding down my residential street, struck my dog and continued down the street to their house. I have many witnesses who took pictures of the vehicle and helped me while I held my dog in my arms and died. I looked up penal code 200.2, and we want to press charges. My son saw the whole thing (12yrs old) and my neighbor's daughter (8yrs old), saw it as well. What are my options.
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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The district attorney decides whether or not to prosetute a crime. You cannot force the D.A. to prosecute. Given the D.A.'s load of murders, physical attacks and drugs, you might have trouble persuading the D.A. to devote resources to this case. The civil court system is not set up to punish wrongdoers. It provides monetary compensation to victims of wrongful conduct. The law recognizes the emotional distress associated with the loss of a pet. The law does not require that you experienced physical symptoms of the emotional distress or even that you experienced the need for professional counseling or medication. However, in order to convince a judge or jury that your emotional distress injury was severe enough to justify compensation or substantial compensation, most juries are going to want to hear that kind of evidence. Your claim also requires proof of severe wrongful behavior by the defendant. Your neighbor might claim that your dog jumped out in front of his car and there was no time for the driver to avoid the collision, or even that he never saw the dog and did not know that he had hit the dog until you or a neighbor came down the street and told him. This could be a difficult defense to overcome. As the plaintiff, you would have the burden of proof. Lawsuits are expensive. For the reasons listed above, it might be hard to find an attorney wiling to take this case on a contingent fee basis. That is where the attorney does not get paid unless and until he collects something from the other side, usually 30%-40%. Meanwhile, your neighbor's car insurance or homeowners insurance will be paying for his defense. So if you are paying your lawyer by the hour, it will be expensive for you and not so much for the other side. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust.  We set up such trusts and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.   Dana Sack
Answered on Feb 13th, 2017 at 9:32 AM

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