Scottsdale Accidental Shooting Lawyer

If you’ve suffered injuries or property damage from an accidental shooting in Scottsdale, you don’t have to bear the financial responsibility alone. Arizona state law allows you to hold the person responsible for the harm they caused you. 

A Scottsdale accidental shooting lawyer at Zinda Law Group can support you in managing your case. This allows you to focus on your recovery without the added stress of handling legal matters.

With over 15 years of experience, a track record of serving over 10,000 clients, and recovering over $210,000,000, our Scottsdale personal injury lawyers are ready to help. Schedule a free attorney consultation to discuss your accidental shooting case and learn how we can help you pursue rightful compensation.

Civil Liability Vs. Criminal Charges After An Accidental Shooting

There is an important difference between criminal charges and civil liability following an accidental shooting. A criminal case can lead to jail time and fines, but you won’t receive compensation for your damages from a guilty verdict in criminal court.

Compensation After You Have Been Accidentally Shot

Recovering from an accidental shooting requires time and money. To pursue compensation, you must file a lawsuit in civil court against the responsible party and provide proper evidence linking the damages to the accident. 

In accidental shooting cases, awards commonly cover both economic and non-economic damages. You can consult an accidental shooting lawyer at Zinda Law Group in Scottsdale to discuss the nature of these damages and for support in seeking your maximum rightful compensation.

 

Economic damages can include:

• Your post-accident medical expenses, such as emergency healthcare costs and physical and psychological therapy 
• Repairing, replacing, or restoring damaged property
• Compensation for lost wages or missed employment opportunities

Non-economic damages can include:

• Pain and suffering, including physical and emotional distress 
• Mental distress, including anxiety, depression, fear, sleep disturbances, or other mental challenges
• Emotional anguish, including intense grief, sorrow, or other emotional trauma

How To Prove Negligence In An Accidental Shooting

Whether a party is negligent, and therefore liable for damages, depends on the nature of the accident. The following parties may be held liable:

• Gun operator
• Gun manufacturer
• Property owner

There are four elements to prove negligence on the part of the gun operator in an accidental shooting case:

1. Duty of Care

The person firing the gun must act reasonably and safely while handling a firearm.

2. Breached Duty of Care

You need to prove that the responsible party breached their duty of care. In other words, you must prove that someone did not act reasonably and safely to prevent harm or injury to others when they should have. Examples could include failure to point the weapon away from others or neglecting safety precautions.

3. Damages

You need to prove that damages occurred, such as injury or property damage, and you can provide evidence like medical records or photos.

4. Causation

You need to prove that the damages resulted from the breached duty of care, or that the party did not act reasonably and safely, which directly led to your injury or property damage. One of Zinda Law Group’s Scottsdale accidental shooting lawyers can help you in making the connection between a party’s failure to act reasonably and safely and your accident.

Product Liability In An Accidental Shooting

The person who fired the gun may not always be the one responsible for an accidental shooting. Gun manufacturers can also be held accountable and liable. If the shooting occurred due to a defective gun, you may be able to file a claim against the gun manufacturer.

Three types of product defects include:

1. Design Defect

This occurs when a firearm is manufactured according to specifications but is inherently unsafe due to a flaw in its design, causing unintended harm even when someone takes safety precautions.

2. Manufacturing Defect

These defects occur during the manufacturing process. A gun may be correctly designed, but faulty equipment or human error during manufacturing compromises safety.

3. Warning Defect

Warning defects can include a lack of warning about the dangers of firearms and proper usage, which can contribute to accidental shootings.

What to Do After an Accidental Shooting

You can take the following steps to support your case in pursuing compensation after you’ve been accidentally shot:

1. Seek Immediate Medical Attention

If you have a severe injury, call 911 or ask a bystander to do so. Contact the police if necessary. Continue to receive medical care throughout your healing and recovery time.

Note: If the responsible party has fled, do not follow them or try to find them. Allow law enforcement to handle the pursuit.

2. Document the Accident

Collect as much information as possible about your case. Documentation can include:

• Details of your injuries, including medical bills and photos
• Witness contact information
• Photos or videos from the scene of the accident
• Firearm identification and photos

3. File a Police Report

Even if you don’t call the police, Arizona’s emergency medical responders must inform the police of gunshot wounds. Obtain a copy of the police report for details regarding your accident and who may be liable.

4. Document Expenses

Keep invoices and receipts for medical care, lost wages, and therapy expenses to support your claim.

5. Contact an Insurance Provider

You can file a personal injury claim with the gun owner’s insurance provider. An accidental shooting lawyer at Zinda Law Group in Scottsdale can help with an appeal and take the case to civil court if your insurance claim is denied.

Take Action Before Your Time To File Runs Out

Arizona’s personal injury statute of limitations typically allows two years from the date of your accident to file a claim against the party responsible for your damages. If you miss this deadline, you may forfeit the right to claim your rightful compensation. 

It’s possible that special circumstances may apply to your case, which could change the amount of time in which you can take action. Contacting an experienced Scottsdale accidental shooting attorney is critical, even if you believe you’ve missed the opportunity for legal action.

Trust Zinda Law Group To Pursue Your Rightful Compensation

At Zinda Law Group, we have a proven track record of receiving substantial compensation for our clients, and we will thoroughly handle your case while you rest and recover after you’ve suffered from an accidental shooting. 

Contact us for a free attorney consultation with a Scottsdale accidental shooting lawyer today.