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 (909) 340-2000 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.
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.
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:
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.
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.
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.
Call My Rights Law at (909) 340-2000 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.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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