Q: Is there any attorney in New York willing to take a veterinarian malpractice case?
Our dog died a sudden, senseless, and tragic death at the hands of a negligent veterinarian. We are aware that the veterinarian violated standards of case for several reasons. We have a necropsy report, toxicology report, and an expert witness veterinarian opinion letter. This not about money - it is about JUSTICE! There are too many miscarriages of justice concerning veterinarian malpractice. Is there any attorney in New York willing to take a stand for those who can't speak for themselves? If you can't help, don't hurt. Serious inquires only. Don't push your own agenda on us.
A: I’m cautious whenever people say its “not about money” because the reality is that an attorney’s time is their stock in trade, and time is money. There is small claims court for folks with initiative but without money, and if you get the Judgment it vindicates you!! But if you want a lawyer, don’t expect anyone to take it on contingency because we all have payroll bills and taxes to pay. Just giving it to you straight.
A: You should understand the background which is in most states a person suing for the loss of an animal can only sue for the market value of the animal, and any attendant medical expenses. In some cases there may be an outside possibility of negligent infliction of emotional distress, but emotional distress cases of all types are generally disfavored by the courts in most states---the law doesn't do empathy very well.
I would suggest you contact the NY State Trial Lawyers Association, see if there are any attorneys who focus on "animal law" or similar issues--their members give free consultations.
However, as Mr. Avery notes, attorneys work on contingent fees only where there is a liklihood of their bing a recovery, and a recovery that will pay for their work. Otherwise, you pay an hourly rate, sometimes with a retainer.
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