Accidental shootings stem from other people’s negligence. That negligence gives you the right to take the party responsible for your accident to civil court. When you’re in court, you can demand the damages you and your family need to financially recover from your accident.
How do you initiate the civil process, though? When in doubt, call on the accidental shooting attorneys in Aurora, CO. Zinda Law Group can connect you with a qualified representative. Together, you can build a personal injury claim and take it before a judge.
Our Colorado-based personal injury lawyers have the courtroom experience to fight for accidental shooting damages on your behalf. You can learn more about our services today by scheduling a free case evaluation.
Is an Accidental Shooting a Criminal Offense?
According to CRS § 18-12-107.5, the accidental and illegal discharge of a firearm does constitute a criminal offense. Parties who accidentally fire a weapon and injure another person can face Class 5 felony charges, resulting in one to three years of imprisonment upon a conviction. A Class 5 felony conviction also comes with up to $100,000 in fines.
That said, you cannot initiate a criminal case against an offending party. Only Colorado can. If you initiate a civil case against an offending party, though, you should keep an ear out for criminal proceedings. A criminal conviction can serve as proof of negligence in your civil case.
What Happens If an Accidental Shooting Proves Fatal?
Unfortunately, some accidental shootings can prove fatal. If this is the case, the criminal charges that the offending party faces may escalate. As a survivor, you may have to work with the deceased’s family and representatives to determine whether or not you can initiate a civil case.
Colorado notes that the only parties who can file wrongful death claims after accidental shootings include the following:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- The deceased’s heirs not mentioned above
Interested parties can contact Zinda Law Group’s accidental shooting lawyers in Aurora to discuss how to bring a claim before a judge.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationShould You Pursue Civil Charges After an Accidental Shooting?
The state of Colorado gives you the right to pursue a personal injury claim after an accidental shooting. Should you take a case to court, though? Doing so has several benefits. To start, you can secure a fair settlement from the party responsible for your accident. That settlement can help you pay for your accident-related medical expenses.
What’s more, accidental shooting cases allow you to stay in control of the narrative surrounding your accident. If you don’t file a claim, the firing party may blame the shooting on a product failure or even you.
If you take action before the liable party can start shedding blame, you can retain your right to legal action. You can even get ahead of the liable party’s attempts to blame you for the accident.
You Have a Limited Amount of Time to Act After an Accidental Shooting
Should you decide to move forward with an accidental shooting case, be aware of your relevant deadlines. You have until the second anniversary of your accident to bring your accidental shooting claim forward. Colorado outlines this deadline, called your statute of limitations, in Colorado Revised Statutes section 13-80-102(1)(a).
Note that if you’re shot by a police officer or government official, you may have to file on a tighter deadline. You can discuss the specific deadlines applicable to your case during a case evaluation with Zinda Law Group.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationWho to Blame for an Accidental Shooting
Who assumes the blame for an accidental shooting? You might assume that would be the party that shot you. Liability isn’t always a given, though. You must gather evidence of a party’s negligence if you want Colorado’s courts to find them responsible for your recovery. This means bringing forward data proving that a party inappropriately handled a gun prior to your accident.
An investigation into your accident may reveal that other parties played a role in your accident. For example, if a manufacturer released a firearm onto the public market without safety testing it first, the accidental discharge may have stemmed from a product failure. Product failures can give you the right to sue gun manufacturers for your losses.
Our team of experienced accidental shooting attorneys in Aurora, CO, can help you hold the right party accountable for your accident.
Accidental Shootings and Qualified Immunity
There’s a chance that you may be shot by a police officer or government official in high-intensity scenarios. If you are, you can sue the firing party for an accidental shooting – albeit under certain conditions.
Most of the time, Colorado’s police officers and government parties operate under the protection of qualified immunity. Qualified immunity protects these parties from fault in civil cases. If you get shot by one of these parties, you should work with a lawyer to assess your case.
Together, we can determine how best to move your bid for compensation forward while keeping qualified immunity in mind.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationShooting Accident Statistics
Shootings, both intentional and unintentional, often result in serious injury or even loss of life. These shootings may be caused by negligent gun owners, the intentional illegal actions of individuals, or even through the unintentional actions of children.
There were more gun-related deaths in 2020 than in any other year on record within the United States. In fact, studies show that 45,222 people lost their lives due to being shot in 2020. Of this number, 535 were unintentional.
The total gun deaths in 2020 represented a 14% increase from the year before, a 25% increase from five years earlier, and a 43% increase from a decade earlier. The most common type of firearm involved in gun-related deaths in 2020 in the United States were handguns.
Unfortunately, the accidental gunshot deaths by children have also increased in recent years. In 2019, there were 98 deaths resulting from shooting accidently by children. This number jumped to 128 in 2020. As of August 2021, there were 259 unintentional shootings by children, with 104 deaths and 168 injuries.
Studies indicate that the surge of shootings by children was due to COVID-19 lockdowns, lack of childcare, a rise in first-time gun owners, and record gun sales due to the COVID-19 pandemic. More than one in every four of these shootings were done by children 5 years and younger. The victims also tend to be young, with one in four being 5 years and younger.
Amazingly, the gender of the overwhelming majority of the persons who accidentally shoot someone is male. Approximately 83% of the child shooters are young boys. The best thing a gun owner can do to keep children safe around firearms is to keep the guns locked in a safe, unloaded, and ensure the children have no access to the keys.
If you have been involved in an accidental shooting in or around Aurora, you may need an experienced injury attorney by your side to help investigate how your accident occurred and to fight for your legal rights. Contact one of our knowledgeable accidental shooting lawyers at Zinda Law Group as soon as possible following your tragic incident.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationDiscuss an Accidental Shooting With Zinda Law Group
Let’s work together to hold a negligent party responsible for your accidental shooting. You can demand damages from the party that shot you by filing a personal injury claim with Colorado’s civil courts. An Aurora accidental shooting lawyer can defend your best interests as your case progresses.
Are you still deciding whether or not you want to move a case forward? Come discuss your right to accident compensation with Zinda Law Group. Our contingency-based attorneys can meet with you during a free, no-obligation case evaluation. We can outline the legal process and estimate the value of your case before you proceed.
You can contact our team by phone or online to schedule your appointment now.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
