Even under the best conditions, firearms can be dangerous. When a gun is mishandled or defective, the risk of a serious injury rises substantially. Accidental shootings occur at an alarming rate in the United States and frequently result in severe injuries and even death. If you were harmed by an accidental discharge, a Fort Worth accidental shooting attorney can help.
At Zinda Law Group, we have a long history of helping accident victims recover compensation from those liable for their damages. We have been in business for over 15 years and have served more than 10,000 clients. During this time, our Fort Worth personal injury lawyers have recovered over $210,000,000 in damages. Contact us today for a free case evaluation.
Civil Liability Vs. Criminal Charges
Following a shooting, most people think about the criminal charges that can result. However, a criminal case will not result in the victim recovering the money they need from the at-fault party. Instead, you need to file a civil lawsuit.
A criminal trial is used to punish the liable party for their actions and can result in incarceration and fees. On the other hand, a civil lawsuit can help you recover a variety of economic and non-economic damages. Additionally, many accidental shooting victims also qualify to collect punitive damages.
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Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationFile All Necessary Paperwork Before the Deadline
When pursuing a lawsuit after an accidental shooting, it is critical that you familiarize yourself with the filing deadline. In Texas, the personal injury statute of limitations grants accident victims two years to submit a lawsuit against the liable party. Letting this deadline pass without taking action will likely mean the loss of your right to claim damages.
However, you need to realize that exceptions apply to some cases which allow accident victims to file even if the standard two-year deadline has already passed. Because of this, you should contact an experienced Fort Worth accidental shooting lawyer even if you think your window for filing has already closed.
Of course, the deadline can shift in the other direction as well. By hiring an experienced attorney as soon as possible after your accident, you can determine exactly how long you have to file. Your lawyer will identify the deadline and ensure that all paperwork is prepared and filed well in advance of the cutoff.
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Partner
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Available 24 / 7|Free ConsultationThe Four Elements of Negligence
When working to prove negligence and recover compensation after an accidental shooting, you must establish that four elements were present.
Duty of Care
The first thing you need to demonstrate is that the defendant owed you a duty of care. This step is fairly straightforward in most cases. If the liable party is the person who was handling the weapon, they owed you a duty of care because anyone using a gun has the duty to use reasonable safety precautions when dealing with firearms.
Breached Duty of Care
The next step is to prove that the at-fault party breached their duty of care. Some of the various ways in which those responsible for accidental shootings breach their duty of care include:
- Failing to check whether or not the firearm is loaded
- Placing a finger on the trigger when not intending to fire
- Failing to ensure the weapon is not pointed at others
- Failing to engage the safety mechanism on the gun
Damages
Next, you need to prove that you suffered damages. If a bullet hit you in an accidental shooting, your medical records, along with photos of the wound, are likely enough to prove that you incurred damages. However, expert witness testimony might also be necessary, especially to prove injuries like hearing loss resulting from the percussive discharge of a firearm.
Causation
The final element you must prove is how everything is connected. An experienced accidental shooting lawyer in Fort Worth can help connect the dots, showing how the defendant breached their duty of care and caused your damages.
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Attorney
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Available 24 / 7|Free ConsultationWho Can Be Liable In An Accidental Shooting?
The Individual Shooter
If the shooting was caused by the negligent use or handling of a firearm by an individual, that person can be held liable for you or your loved one’s injuries. In general, negligent handling of a firearm is covered under the shooter’s homeowner’s insurance if they have it. Even if the shooting did not occur on the shooter’s property, their homeowner’s insurance usually includes coverage for injuries and damages that arise due to the policy holder’s negligence outside of the home.
The Owner of a Gun Range
Property owners are responsible for the general safety of people on their premises, and that includes the safety of firearms stored or used on the premises. If the incident occurred at a gun range, negligence on the part of the range may also be a factor. If a staff-member authorized the shooter to use a particular firearm despite not being adequately trained on that firearm, the staff member and their employer can be held liable.
The Gun Manufacturer
Gun manufacturers generally aren’t liable for misuse of their products. To hold a firearm manufacturer liable for an accidental shooting, you must prove that the gun was defective based on one of three theories.
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Attorney
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Available 24 / 7|Free ConsultationProduct Liability for Defective Firearms
You need to understand that the liable party in an accidental shooting case is not always the person handling the weapon. If the firearm is defective, the manufacturer may be responsible for any damages caused. The three types of defective product cases are:
- Design defects
- Manufacturing defects
- Warning defects
Design Defects
When a firearm is inherently dangerous in an unintended manner, it may suffer from a design defect. Of course, guns are weapons and can cause harm. However, if they are handled with proper safety precautions, an accidental discharge should not occur.
If the firearm was constructed according to specifications and handled properly yet still accidentally discharged, it may be due to a defect in the design of the weapon.
Manufacturing Defects
Manufacturing defects occur when errors are made during the manufacturing process. A manufacturing defect can result if a product is correctly designed but improperly built.
Manufacturing defects arise from an array of issues, including human error, faulty equipment, and cut corners.
Warning Defects
All dangerous products must come with proper warning information to inform the user of potential harm. Even though the dangers of a gun may seem clear, providing warning material is still essential. Failure to do so can open the manufacturer up to liability in the event of an accident.
What You Can Recover From A Shooting Accident In Fort Worth, Texas
You may be able to recover the costs associated with your injury and recovery through a personal injury claim. The severity of the injury and recovery time directly affect the amount of recovery for a personal injury action.
Your injury may leave you unable to work or perform daily tasks, and you might require ongoing medical care and extensive rehabilitative therapy. You may be able to recover the costs in the form of compensatory damages. An experienced personal injury lawyer can assist you in recovering the maximum compensation you are entitled to.
Recoverable damages include both economic and noneconomic damages. Economic damages are the actual, monetary costs of your injury. Noneconomic damages cover the mental and emotional toll the injury has taken on your life and are recovered in the form of compensation for pain and suffering.
The following are common economic and noneconomic damages you may be entitled to recover after your accidental shooting incident:
Medical Bills
You may be able to recover the cost of medical bills you have paid out of pocket since the accident. This includes doctor’s visits, physical therapy and rehabilitation, and medication. You may also be able to recover the costs of any future appointments, medication, or treatments necessary for your recovery.
Lost Wages
If you are out of work due to your injury, you may recover what you would have earned from the time you got shot until you can return to work as a part of your economic damages.
Diminished Earning Capacity
In addition to lost wages, you may be able to recover loss of earning capacity. If your injuries from the accident prevent you from going back to your job or working at another job for similar compensation, you may be able to recover the difference between what you were earning before the accident and what you are earning now.
Mental Anguish
Your non-economic damages include pain and suffering that result from the accident. Any kind of gun-related accident takes emotional and mental tolls on a person and their family. You may be able to recover for this mental anguish itself, and the cost of mental health treatment that may stem from the accident.
Punitive Damages
This is a separate category of damages beyond economic and non-economic. Punitive damages are meant to punish the at-fault party rather than compensate the victim for costs associated with their injury.
This type of damages is typically not available in personal injury actions. However, in the case of accidental shootings, there may be such a high degree of recklessness or gross negligence on the part of the at-fault party that it may warrant punitive damages to be awarded to the victim.
Texas statutes call this type of damages “exemplary damages,” and there is a maximum amount, or a “cap,” on how much you may recover. Exemplary damages are capped at the larger of:
- $200,000 or
- Two times the amount of economic damages plus an equal amount of non-economic damages, up to a maximum of $750,000.
For example, if a victim is awarded economic damages amounting to $150,000 and non-economic damages amounting to $200,000, his or her punitive damages will be capped at $500,000.
Secure the Services of Zinda Law Group’s Accidental Shooting Lawyer Serving Fort Worth
After sustaining an injury caused by an accidental shooting, hiring an experienced lawyer is critical. Attempting to recover damages on your own is not likely to result in a favorable outcome. At Zinda Law Group, we have the necessary experience to help get you the money you need and deserve.
Contact us today by phone or through our website and schedule your free case evaluation with a member of our legal team.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
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