Firearm accidents can lead to traumatic brain injuries, internal organ damage, the loss of body parts, paralysis, and even death. Non-fatal injuries can last months, years, or a lifetime, and may take tens of thousands of dollars to treat. Fortunately, the law gives you the right to seek compensation for injuries and other losses that you suffer from accidents caused by others.
If you or your loved one experienced injuries in a shooting incident, our shooting injury lawsuit lawyer in Sandy Springs, Georgia, can review your case and help you gather the evidence needed to identify the at-fault party, quantify your damages, and file a lawsuit for compensation.
Accidental vs. negligent shooting incidents
Shooting incidents typically involve either the accidental or negligent discharge of a firearm. If you drop your gun and it goes off, or if the trigger finger of someone you are training slips and they fire the gun, those would be examples of accidental discharge. Other factors in accidental discharges include:
- Improper maintenance
- The accidental use of the wrong equipment (such as the wrong caliber bullets or shot)
- Children accessing otherwise secure firearms and discharging them
On the other hand, negligent discharge occurs when recklessness, inadequate training, or a lack of safety gear or equipment leads to an accident. Examples of negligence in shooting incidents include:
- Tossing a gun
- Firing a gun in the air
- Playfully pointing a gun at someone
- Using a gun while intoxicated
- When hunters do not use the right gear or do not maintain a safe firing zone
- Manufacturing defects that can lead to ruptures, breaks, or explosions when the gun is intentionally discharged (manufacturing defects include design defects and insufficient manufacturer warnings)
- A lack of supervision, either from a responsible adult or a professional, especially on firing ranges and with beginners
Injuries could qualify you for damages
You have the right to seek compensation for any injury-related losses that you suffer in a shooting accident that was caused by another party’s reckless actions. Negligent or accidental discharges can lead to serious, long-term injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord damage
- Nerve, muscle, and bone injuries
- Internal bleeding
- Internal organ damage
- Facial injuries
- Eye, ear, nose, and dental injuries
- Puncture wounds and bruises
- Loss of body parts or bodily functions
Your compensation can include medical treatment for the injuries listed above, as well as lost income, property damage, pain and suffering, and mental/emotional trauma.
At S. Burke Law our shooting injury lawsuit lawyer in Sandy Springs, Georgia, can help you quantify your damages and gather the evidence needed to support your case.
Ownership restrictions may play a role in your case
It can be more challenging to win compensation for injuries caused by an accidental discharge than those caused by a negligent discharge. However, an often-overlooked facet of shooting incidents is whether the user even had the right to own or hold a firearm.
You may be able to completely sidestep the debate regarding accidental vs. negligent discharge if the user was not allowed to have or use a firearm in the first place. For example, in many cases, the possession of a firearm is illegal and constitutes a criminal offense if the user:
- Is a fugitive
- Is addicted to illegal or controlled substances
- Is an illegal alien
- Was dishonorably discharged from military service
- Renounced their U.S. citizenship
- Is subject to a court restraining order involving an intimate partner or the partner’s children
The use of a firearm can also constitute a crime if it is used in certain ways, such as for aggravated assault.
State laws and firearm statutes may apply to your case. Our team can help you determine who was responsible for your injuries and how you should proceed in your pursuit of damages.
How our firm can help
The severity of injuries from shooting accidents highlights the importance of winning compensation to cover your medical treatment and lost income while you recuperate. Our team can help you get your life back on track by:
- Identifying the at-fault party responsible for the accident
- Establishing that the standard of care was not met
- Proving that a failure to meet the standard of care led to the accident in question
- Showing that your accident led to financial, physical, and/or other damages to you
- Quantifying your losses
- Gathering evidence such as police reports, video footage, eyewitness statements, and any other form of documentation to corroborate your story
- Filing a claim with the at-fault party’s insurer or suing for damages
- Negotiating with the at-fault party’s insurer
- Taking your case to court if a fair and impartial settlement cannot be reached
Georgia law states that you have two years to file a lawsuit for injuries suffered in a negligent or accidental shooting. If you fail to file your claim within this window (known as the statutes of limitations), you may forfeit your right to compensation.
Reach out to S. Burke Law today
We are just a call away, and we are here to help. Call S. Burke Law at (404) 842-7838 today to learn more. Our shooting injury lawsuit lawyer in Sandy Springs, Georgia, understands the trauma that shooting injuries can cause, and we can help you gather evidence and file a claim for the compensation you deserve. It can take time to build a case, so contact us today for a free case evaluation.