You probobly wont get pain and suffering, because most people consider small fish (bettas especially) very, very low on the scale of life importance. They think since bettas are born and killed every day, they are no big deal. that your just over reacting. That your crazy.
I dunno if I'd take that route, and I doubt it work for me. (I'm also a guy)
Get all the money you can, but dont weaste the time energya and money trying to get pain and suffering. Trust me.
If I was a judge that wasn't into fish keeping, id think you were either crazy, or too obsesive. I'd listen to you, but i'd have a doubt in my mind that you'd win.
Just my 2 cents, hope all works out,
Ethos