Do you need a lawyer who will fight for you to receive the maximum compensation for your gun injury case?
If you have been injured by way of an accidental shooting, then get medical attention first and then be in contact with an experienced personal injury attorney who handles firearm accident cases. The injury lawyers at My Rights Law focus on these types of lawsuits and are prepared to vigorously pursue all remedies against those at fault for causing your injuries, damages, or losses. We’ll help to ensure that you get the compensation that you deserve. To contact My Rights Law, call (888) 702-8882 or contact us by filling out our secure web form for a free consultation today.
In some states, the accidental discharge of a firearm has both criminal and civil consequences. While the criminal process will seek to protect the community and punish the offender, filing a claim in civil court is the method by which you protect your interests, seek compensation for your damages, and obtain justice for yourself. If you have been involved in a gun-related accident, speak to an experienced gun accident lawyer immediately. Our initial consultation is free.
The devastation that accompanies gun accidents is catastrophic, if not deadly. These accidents can cause debilitating, long-term injuries requiring intensive, life-saving surgery, reconstructive surgery, rehabilitation, and physical therapy. They can result in permanent disfigurement and necessitate in-home care. When your injuries happen because of someone’s negligence, you are entitled to monetary compensation to cover the expense of medical care and attention your injuries require.
In addition, gun accidents involve unparalleled emotional suffering, resulting in a decreased quality of life. It is common for survivors of gun-related accidents to suffer depression, anxiety, and even post-traumatic stress disorder. These mental injuries require ongoing treatment and care as surely as the physical injuries. You are entitled to receive compensation for the pain and suffering that accompany your injuries.
If a gun accident impacted your life or the life of a loved one, you need the assistance of an experienced lawyer. You need to act to protect your rights. Our lawyers will assist you through the process and maximize the compensation you receive. Your initial consultation is always free.
Gun Accident Laws
Some states require permits to possess and carry certain guns. Generally, a permit seeker must be a state resident, over a certain age, and meet a list of requirements to legally possess a gun. Additional requirements may include a gun training certification and psychological testing.
Some states impose obligations on gun owners to follow specific rules depending on the type of gun they own. For instance, in some states, gun owners must follow certain requirements when transporting and storing their firearms. These rules are in place to prevent gun accidents. The violation of any of these requirements can lead to criminal charges and be the basis for a civil claim or lawsuit in the event of a gun accident that results in injury or death.
When you proceed with a lawsuit to recover damages you suffered due to a gun accident, you are pursuing a civil case. Generally speaking, most gun accident cases proceed to court based on negligence on the defendant’s part.
Negligence requires you to prove that the defendant owed you a duty of care, that he violated the duty of care through his negligent conduct, and that his negligence caused your injury. The first requirement is straightforward, as a gun owner owes every person a duty of care concerning his firearm. The second requires you to show that the defendant’s negligent behavior caused the accidental discharge. That topic is covered in-depth in the following section. The final requirement is that the negligent discharge injured you.
Gun Accidents Are On The Rise
Despite the stringent regulations imposed on gun owners, gun accidents are on the rise. Researchers attribute part of the increase in 2020 to the global pandemic that placed an unusual amount of stress on society.
There are countless causes for the accidental discharge of a gun, but some of the most common include:
Negligence on the part of the owner or operator of the gun
Handling the gun while under the influence of alcohol or drugs
Improperly secured guns
Inadequate knowledge or training
Minors operating a gun
Disassembling the gun
Unloading the gun
Cleaning the gun
The best way to prevent yourself from being a victim of gun-related accidents is to take a weapon safety course if you intend to be around firearms.
Steps To Take After A Gun Accident
The first step is to seek the medical attention you need. Once you are in stable condition, it is necessary to collect and preserve the evidence that could be critical to your case. Here is where you will initially see the benefit of having an experienced gun accident lawyer working to represent your interest.
The evidence available will vary from incident to incident and can be complex. You will want to call the police, make a report, and retain a copy. All the witnesses need to be contacted and interviewed. If the injury occurred in a location with video camera recording, you must obtain copies of those tapes. You will also want to get photographs of the scene and the weapon.
There can be additional evidence available to you as well. You will need to investigate the purchase history of the gun and determine whether the owner possessed the required permits and licenses. You will also want to discover whether an insurance policy held by the owner covers the incident.
It is a significant undertaking to recover from a gun accident and preserve the evidence you need at the same time. An experienced gun accident lawyer will take responsibility for collecting the necessary evidence and allow you to focus on recovering.
Compensation For Gun Accidents
If you have been the victim of a gun-related accident, you may be entitled to file a claim seeking compensation for your injuries. You are entitled to damages for all the actual expenses you incurred due to the accident, payment for your pain and suffering, and possibly punitive damages. The following section explains damages you may be entitled to.
Economic damages include all the out-of-pocket expenses you incur because of the injury. These damages cover immediate and future medical care costs. It will replace your immediate lost wages, as well as lost future earnings where appropriate. It will include the cost of any physical therapy and rehabilitation that is necessary. The important thing to remember is that every expense you incur from the gun injury, even if that includes transportation to and from doctor’s appointments, falls under this category.
Pain and suffering awards are considered part of your non-economic damages. These awards exist to compensate you for non-monetary damages from the injury that are not directly calculable. This includes the emotional and physical pain that you experienced. Awards for pain and suffering appear in severe cases where individuals suffer broken bones, back pain, neck pain, internal organ damage, chronic pain, and even loss of consortium. They can also address the psychological costs of a gun accident, including your mental health and well-being.
Punitive damages, or exemplary damages, are offered under some instances when the defendant’s actions are particularly outrageous. These damages are not to compensate you for a particular injury. Instead, they punish the individual responsible for your gun accident injury. Still, the award of punitive damages, if made, goes to you. Whether you are entitled to punitive damages will depend on the unique facts of your case.
All damages will not be available in all cases. Damages will vary based on the unique facts of your case. Moreover, you must act quickly as the courts require you to file your claim within a specific amount of time after the gun-related accident occurs.
How To Proceed
Call My Rights Law at (888) 702-8882 or contact us by completing our secure web form to speak with an experienced gun injury lawyer. If you or a loved one are dealing with the repercussions of gun accident injury, you are likely feeling overwhelmed by the situation. Our consultation is free. We understand that each case is unique. Our firm will take the time to explain your options and answer all your questions. We will advise you as to the best course of action. Our goal is to make sure you receive the medical treatment you need and the maximum compensation you deserve.
Frequently Asked Questions About Accidental Gunshot Claims
What Can I Do If I Have Been Shot?
If someone shot you, then you might be able to file a lawsuit against the gun owner and potentially others. As soon as you get medical attention, you should have a free consultation with a firearm accident attorney. My Rights Law is a personal injury law firm that concentrates on helping injured victims obtain compensation and justice from careless gun owners and others who might be legally responsible for causing you harm. Our injury lawyers are here for you when you need us.
How Can A Personal Injury Attorney Help Me?
An experienced firearm accident lawyer, or a personal injury lawyer who happens to be well versed on firearm accident claims, can help injured clients get possible compensation from the shooter and others with legal responsibility (e.g., manufacturers, property owners). Because these lawyers know about firearm accident laws and often bring lawsuits on behalf of injured victims, they typically know the legal process very well and how to aggressively negotiate resolutions to injury cases with defendant gun owners. In some cases, an insurance company may be involved, and it will have an experienced trial lawyer whose responsibility is to refute or downplay your claim. Because of this, you may want to hire a firm of skilled firearm accident lawyers to stand up to the insurance companies’ professionals on your behalf.
A free consultation with a personal injury attorney who knows about complex firearm accident laws will enable you to establish whether you have a viable legal claim and what you need to do during the legal process. The firearm accident attorneys at My Rights Law are keen on both state and federal gun laws (United States laws) related to injury cases. Our lawyers provide accident victims with a free consultation to help them determine their legal options.
My Rights Law’s lawyers treat clients and their loved ones like family, and we respect the attorney client relationship. Our lawyers work diligently to ensure that each of our injured clients gets compensation and justice for being harmed in a firearm accident.
What Are Some Common Causes Of Firearm Accidents, Gun Shootings?
Some gun owners don’t know how to effectively use or carry a gun or don’t understand gun safety rules. Parents don’t always store their guns properly, making them accessible to a child. Someone might own a gun to protect themselves or their home, but they misuse the gun at the wrong time.
An accident could be caused by improper firearm design – making the gun manufacturers of firearms legally responsible. A gun manufacturer can be liable to any individual gun owner who operates the gun properly but sustains an injury due to a defect or dangerous aspect of the gun.
Accidental shootings are sometimes caused by hunters who mistake humans for animals. Hunting accidents could be especially deadly, given that hunters shoot to kill their targets.
Shooting injuries are also sustained by bystanders – people who are unintended targets in an intentional shooting. You could be mistaken as the target of an attack.
Property owners could be responsible (legally liable) for shootings on their property due to inadequate security. A firearm accident claim could involve negligent security at clubs, amusement parks, or bars that people frequent. For example, a club owner doesn’t hire a security officer for an event, and this owner’s lack of security results in you being attacked by someone with a gun or other weapon. In that scenario, the club owner could be legally responsible for causing your injuries since the incident occurred on their watch – and because of their negligent security. Poor lighting on a property could also result in theft or other illegal activities that involve shootings.
Moreover, in most states, a property owner owes a duty of care to those on their property. Gun owners violate this duty of care if they shoot someone on their property by accident. Gun owners are not at liberty to just shoot someone who merely trespasses onto their property.
What Kind Of Damages Do Victims Get For Bringing Firearm Accident Cases?
With firearm accidents, you might suffer serious injuries (e.g., gunshot wounds, brain injuries, back injuries, spinal cord injuries). By retaining a lawyer skilled in firearm accident law to represent you in your injury claim, you could potentially get meaningful financial compensation to cover your medical bills (including future medical expenses), pain and suffering, lost wages, and more. Any injury or loss that you sustain from an accident shooting could be compensable in the form of damages. Your lawyer should know how to negotiate on your behalf to get you the compensation you deserve. In some cases of accidental shootings, your lawyer may need to pursue the defendant’s insurance company for a resolution. There may even be multiple defendants involved. Either way, rest assured that an experienced gun accident lawyer will know how to deal with everyone to get you a proper resolution.
Calling A Personal Injury Lawyer If You Were Shot
If you or a loved one have been shot in an accident, then aside from getting medical treatment, promptly pursue a consultation with an attorney who knows all about firearm accident laws. A consultation with a firearm accident lawyer can help you figure out what to do from a legal standpoint, including how to get compensation for your injury.
The accidental shooting attorneys at My Rights Law strive to help injured clients get the best resolutions to their situations. For your case review, we will look closely at all valuable information relating to your case, including thoroughly evaluating the circumstances of the accidental shooting to determine who might be legally responsible. Our law office will provide you with straightforward advice regarding your legal options. We handle most injury lawsuits (including a shooting accident) on a contingency fee basis. This means that we do not charge attorney’s fees unless you happen to prevail in your case. Don’t just hire any lawyers to resolve this serious issue. To consult with My Rights Law’s skilled firearm accident lawyers, contact us today at phone number (888) 702-8882, or you can contact us through our secure web form.