Accidents involving firearms can be devastating, resulting in serious injuries or even death. While these incidents are sometimes labeled “accidental,” the truth is that negligence often plays a significant role in unintentional shootings. If you or a loved one has suffered an injury due to an accidental shooting, you don’t need to handle it alone. In the wake of a traumatic event, the last thing you need is the burden of dealing with the legal complexities surrounding your injury.
An accidental shooting attorney can help you in cases like these, making us your best ally in understanding your rights and seeking the compensation you deserve. For help, contact us today to schedule your no-cost consultation.
What are the Common Causes of Accidental Gunshots?
Accidental shootings can happen for a variety of reasons, and understanding the common causes can help increase awareness and prevent future accidents. Some of the most common causes include:
Inadequate Training
Lack of proper training in handling firearms can lead to accidents. Anyone who owns or operates a firearm should receive adequate training to ensure they can handle a firearm safely and effectively.
Poor Gun Range Management
Poor management of gun ranges can also contribute to accidental shootings. The range owner or management is responsible for providing a safe environment for gun users and enforcing safety rules on their premises.
Lack of Parental Supervision
Accidental shootings involving children often occur when firearms are not secured and there is a lack of parental supervision. Parents and gun owners must ensure that firearms are stored securely and are inaccessible to children.
Reckless Handling
Reckless handling of firearms can result in accidental discharges and injuries. This includes incidents where firearms are mishandled, played with, or intentionally used in an unsafe manner.
Use of Alcohol or Drugs
Impairment due to alcohol or drugs can significantly increase the risk of an accidental shooting. Firearms should never be used while under the influence as it lowers inhibitions, impairs judgment, and can lead to reckless behavior.
Accidental Discharge
Accidental discharges can happen when a firearm is mishandled, dropped, or bumped. Proper firearm handling and maintenance are essential to prevent this type of accident.
Each of these factors can individually or collectively contribute to accidental shootings, making it crucial to address these issues.
The Role of Negligence in Unintentional Shootings
Negligence is often the driving factor behind firearm accidents involving firearms. Negligence occurs when someone fails to exercise reasonable care, leading to injury or harm. To legally establish negligence in the case of an unintentional shooting, the following elements must typically be proven:
- Duty of Care: It must be established that the defendant owed a duty of care to the injured party. In the context of gun ownership, this means demonstrating that the individual had a responsibility to handle and store the firearm safely.
- Breach of Duty: The plaintiff must show that the defendant breached that duty of care. This could involve proving that the gun owner engaged in unsafe handling practices, such as not properly storing the firearm or handling it while under the influence of alcohol or drugs.
- Causation: There must be a direct link between the breach of duty and the unintentional shooting. This means showing that the negligent act directly led to the accident.
- Damages: The plaintiff must demonstrate that they suffered damages due to the incident. This can include physical injury, emotional distress, or property damage.
Understanding and proving negligence in these cases is crucial to identifying and holding the liable parties accountable, and having an experienced personal injury attorney in your corner can help you do this.
Who is Liable For an Unintentional Shooting?
Determining liability can be a complicated process, as various parties could potentially hold responsibility for the unintentional shooting. Here are some of the parties who might be found liable:
The Person Who Fired the Gun
Any person who has a firearm in their possession in the state of Texas is responsible for using it safely. Firearms are inherently dangerous, requiring vigilance and responsible handling. Regardless of whether criminal charges are pursued, individuals involved in a firearm incident may still be subject to civil liability.
Homeowner Where Gun is Located
In some cases, the homeowner where the firearm was located can be held liable for an accidental shooting. This liability may arise if the homeowner fails to store a firearm securely, which allows it to fall into the hands of a child or another individual not authorized to possess the weapon.
Gun Manufacturer
If a firearm malfunctions or has a design flaw that contributes to an accidental shooting, the gun manufacturer may be held liable for the resulting injuries and damages. For example, if a defect in the firearm’s safety mechanism causes it to discharge unintentionally, the manufacturer can be found responsible for manufacturing a defective product.
The Owner of the Firearm
The owner of the firearm itself may also be held liable in the event of an accidental shooting, even if they were not present when the incident occurred. For example, if a gun owner left their weapon unsecured in a shared living space or within reach of a child, they could be held responsible for the outcome of the unintentional shooting.
A Business or Property Owner Where Shooting Occurred
Businesses and property owners have a responsibility to take adequate security precautions to protect their customers and other invitees. For example, a nightclub with poor security measures could potentially be liable for a shooting that occurs on the premises due to negligent security.
Knowing who might be held accountable for an unintentional shooting is crucial for pursuing compensation and justice for those injured as a result.
Damages in Accidental Shooting Cases
Gunshot injuries are not only incredibly painful, but they can also lead to life-altering complications and emotional distress. When an accidental shooting occurs, the ensuing chaos of medical care and potential financial struggles can quickly become overwhelming.
While money won’t take away what happened to you or take away your pain, the legal system allows injured parties to seek compensation through various types of damage, including:
Economic Damages
Economic damages are actual, out-of-pocket losses suffered by the injured party or their surviving family members. Some examples of economic damages include medical bills, lost wages, property damage, funeral and burial expenses, and loss of financial support from the deceased. Recovering this compensation can help alleviate the financial burden of coping with a shooting injury or the loss of a loved one.
Non-Economic Damages
Non-economic damages compensate the victim or their surviving family members for the intangible (but very real) losses they experience. Loss of love, loss of consortium, and loss of companionship may all fall under non-economic damages.
Although it’s challenging to put a specific value on these types of losses, these losses are essential to consider when reaching a fair and just outcome for the injured party.
Exemplary (Punitive) Damages
Often referred to as punitive damages, exemplary damages aim to punish the grossly negligent conduct of the defendant. They are granted in a narrow set of wrongful death and personal injury claims in Texas.
While not applicable to every accidental shooting case, the possibility of punitive damages may be essential in holding responsible parties accountable and deterring future negligent behavior.
Understanding the potential damages in accidental shooting cases helps victims navigate the complex legal process. However, enlisting the assistance of an accidental shooting attorney is crucial in determining liability and building a solid case.
How Can an Accidental Shooting Attorney Help Me?
Understanding the laws and regulations surrounding accidental shootings can be overwhelming. An experienced attorney can offer clear guidance and interpretation, helping you make the best decisions based on your individual circumstances. Specifically, a lawyer can take the following steps to further assist you:
Investigation
Building a strong case requires gathering and analyzing evidence extensively. Attorneys with expertise in accidental shooting cases can help compile and evaluate crucial evidence, including forensic details, witness statements, video footage, and any relevant documentation.
Negotiation with Insurance Companies
Insurance providers can be difficult to deal with when claiming compensation for injuries or damages resulting from an accidental shooting. Most insurance companies will try to minimize their payouts or deny claims altogether.
This is where an experienced attorney can make a significant difference. They can handle negotiations with insurance providers, ensuring you receive fair compensation for your injuries, as they are familiar with insurance company tactics and know how to fight back.
Expert Testimony
Having expert testimony on your side can be a game-changer; attorneys can arrange for ballistic experts, medical professionals, or other specialists to testify on your behalf.
These experts can attest to the specifics of your case, such as the nature of the injuries sustained, the trajectory and impact of the bullet, and the appropriate medical treatment required.
Court Representation
Unfortunately, not all cases can be settled out of court, and you may need to pursue compensation through litigation. In these instances, an attorney can represent your interests in court, arguing your case before a judge or jury.
If you need help after an accidental shooting, The Callahan Law Firm is here for you. Don’t hesitate to contact us as soon as possible.
FAQs:
Do I have a case if the shooting was accidental?
Even if the shooting was unintentional, you may still have a case. Accidental shootings often result from negligence, such as improper storage of firearms, inadequate training, or carelessness in handling guns.
To determine if you have a valid claim, consult an experienced accidental shooting injury attorney who can evaluate the specific circumstances of your case.
What damages can I recover after an accidental shooting injury?
In an accidental shooting case, you may be able to recover damages for your medical expenses, lost wages, pain and suffering, emotional distress, and any other losses directly related to the incident.
Should I file a lawsuit against the person who accidentally shot me?
It’s crucial to discuss your options with a legal professional to determine the best course of action. This decision is based on multiple factors, such as the circumstances of the accident and the severity of your injuries. An attorney will assess the evidence and provide their opinion on whether you’ll be able to obtain compensation from the party who fired the gun.
How much does it cost to hire an accidental shooting injury attorney?
Most accidental shooting injury attorneys work on a contingency fee basis, which means you don’t have to pay upfront fees or hourly rates. If you don’t win your case, you typically owe no attorney fees. This arrangement allows you to focus on your recovery without worrying about the financial burden of legal representation.
What happens if the person who shot me doesn’t have insurance?
Even if the shooter doesn’t have insurance, there may be other avenues to pursue compensation for your injuries. Depending on the circumstances, these could include suing the shooter directly or identifying other responsible parties, such as the gun owner, if different from the shooter.
How long will it take to resolve my accidental shooting case?
The timeline for resolving an accidental shooting case varies depending on several factors, including the complexity of the case, the extent of your injuries, and the willingness of the other parties to negotiate.
Get an Experienced Accidental Shooting Attorney on Your Side
Dealing with an injury from an accidental shooting is not only physically painful but can also bring about significant emotional and financial stress. It’s a situation that demands medical attention as well as legal expertise to ensure your rights are protected and you receive the compensation you’re entitled to.
For help after an injury caused by an accidental shooting, contact The Callahan Law Firm today to schedule a free consultation.
