When you suffer an injury from a car accident and you pursue compensation, a good attorney will fight until your settlement covers all of your past, present, and future injury related expenses. Future expenses are particularly relevant if the accident has caused a permanent disability or PTSD.

If your car crash injury has led to the need for either a service animal or emotional support animal, can you be compensated for the expenses?

Service Dog vs. ESA
Missouri law defines a service dog as a licensed canine that is specifically trained to assist the owner with an either physical or mental disability by performing tasks that the owner cannot.

There are various kinds of service dogs that specialize in tasks related to specific disabilities. Some examples of these dogs include the following.

  • Hearing dogs assist the deaf by alerting them to sounds such as door bells, fire alarms, phone calls and texts, alarm clocks, and others.
  • Guide dogs help the visually impaired or blind navigate when walking by pulling in the correct direction to avoid colliding with objects, stopping when it is unsafe to proceed, picking up dropped items, and more.
  • Seizure alert dogs are taught to sense, and alert the handler to an oncoming seizure so they can get into a safe position. They can also be taught to get help when the handler starts seizing, and or to hold the handler still until the seizure is over.
  • Mobility dogs assist people who have trouble walking or moving specific body parts.
  • Psychiatric service dogs can be trained to do things such as diffuse episodes, the owner from hurting themselves, provide medication reminders, deep pressure therapy, and interrupt dissociative episodes.

Note that the Americans with Disabilities Association does not recognize dogs in training as service dogs until training is complete and the dog has been legally licensed. An ESA, or emotional support animal, is also not a service dog. These animals are therapeutic and commonly mistaken for service animals, but they are not trained to perform any specific tasks.

Disabilities Caused by Car Crashes
There are multiple injuries commonly caused by car accidents that can lead to a permanent disability requiring the assistance of a service dog.

  • Sensory disabilities such as blindness and deafness (usually caused by TBI).
  • Spinal cord injuries.
  • Chronic pain.
  • Paralysis.
  • Lost or mutilated limbs.
  • Severe head trauma and or seizures.

However, disabilities commonly caused by car accidents aren’t restricted to physical conditions. Traumatic Brain Injuries (TBI) are known to cause a wide array of long term or permanent mental disabilities. Some of these mental conditions that can be aided by a psychiatric service dog include the following.

  • Post Traumatic Stress Disorder (PTSD).
  • Neurocognitive disorders.
  • Panic disorder.
  • Schizophrenia.
  • Personality disorders.
  • Bipolar Affective Disorder (BAD).

Is A Service Dog Compensable?
Typically, the cost of buying and training a service dog is incredibly expensive, usually ranging anywhere between $30,000 and $50,000 in total.

According to Missouri law, a car accident victim has five years after the collision to pursue compensation from the party at fault. The victim can pursue compensation for costs including lost wages from missing days of work, pain and suffering, and any relevant medical expenses including future ones. A service dog can be considered a medical expense if the animal’s assistance is required for the victim to complete day-to-day functions, or in the cases of mental disability, to prevent the victim from hurting themselves or anyone else.

According to the Americans with Disabilities Act, the handler is financially responsible for the care of the service dog. Therefore any costs related to caring for the dog outside of training and adoption such as vet bills and dog food are not likely compensable.

If your disability was caused by a negligent driver and you now require a service animal to help you with everyday life, you’ll need an experienced attorney to gather the evidence you need to win the settlement you deserve. The opposing party could potentially try to argue that a service dog isn’t necessary, or that there are equally beneficial alternatives that are less expensive, but this is dependent on the injury. That’s why you need a personal injury attorney who won’t budge, knows how much your injury is worth, and how to prove it.

If you or a loved one have become physically or mentally disabled because of the negligent actions of another driver, contact our St. Louis law firm for free legal advice from a lawyer near you.