Handling a firearm is inherently dangerous, and accidental shootings happen more often than most people realize. Many gunshot victims do not survive, and those who do may suffer life-altering consequences. The victim might be severely scarred or permanently disabled. An accidental shooting lawyer in Albuquerque can help you get justice.
When the unthinkable happens, having the guidance and expertise of an experienced Albuquerque personal injury lawyer is crucial. If you or a loved one are in this situation, an attorney from Zinda Law Group can help you understand your rights, navigate the legal system, and seek the compensation you deserve.
Potentially Liable Parties in an Albuquerque Accidental Shooting Case
Determining liability in accidental shootings involves considering specific laws that govern firearm ownership, storage, and usage. These laws encompass allowable firearm types, ammunition quantities, storage protocols, conceal and carry regulations, and timeframes for gun purchases and transfers.
A comprehensive assessment of these factors is crucial to establishing liability in accidental shooting incidents. Generally, the following parties may be held liable:
The State of New Mexico recommends that firearms be stored in a way that prevents access by unauthorized individuals, especially children and those who are prohibited by law from possessing firearms.
It’s generally advised to store firearms securely in a locked container or utilize locking mechanisms to ensure their safety. A gun owner who fails to do so could be deemed negligent in a civil case.
When a gun operator’s negligence results in an unintentional shooting, the operator may be partially or entirely at fault. This can include scenarios where a gun is discharged while an individual is walking, under the influence of substances, or unintentionally pointing it at someone.
Although the law protects gun manufacturers from liability when a gun is mishandled, they may still be held accountable if an accidental shooting results from a defective firearm. The manufacturer could be liable if the malfunction causes an injury.
Tragically, accidental shootings involving children can occur when visiting friends’ homes where unsecured firearms are accessible. In such cases, if a visitor is harmed due to an accidental shooting, the homeowner may be held responsible if firearms are not properly secured.
The homeowner may also be liable if a child steals a firearm and uses it to injure or kill someone else.
If you or a loved one has been harmed in an accidental shooting, it’s essential to understand your rights and potential for compensation. An experienced member of our team can discuss the accident with you during a free consultation and let you know whether you have a case.
For a free legal consultation with a accidental shooting lawyer serving Albuquerque, call 800-863-5312
Available Compensation After a Shooting Incident
When your case is resolved, how your compensation is awarded hinges on whether the resolution occurs through negotiations or at trial. In settlement agreements, negotiated amounts are consolidated into a lump sum.
Conversely, trial outcomes are contingent on the type of lawsuit, typically encompassing three types of damages: economic, non-economic, and punitive.
- Economic Damages: This category encompasses medical expenses, lost wages, and the potential loss of future earnings in cases where the injury inhibits your ability to work again. In a wrongful death case, economic damages could include funeral and burial costs and other financial losses from losing a family member.
- Non-Economic Damages: These damages encompass compensation for pain and suffering, accounting for the emotional and physical anguish endured due to the accident.
- Punitive Damages: In some instances, you might seek punitive damages. These are awarded to penalize the defendant for their misconduct. In New Mexico, they are only granted if you can demonstrate that the defendant acted maliciously, recklessly, willfully, wantonly, fraudulently, or in bad faith. This is why having an experienced personal injury lawyer is crucial to your case’s success.
Managing the complexities of an accidental shooting case warrants professional legal guidance. Zinda Law Group has a track record of success in personal injury and wrongful death cases.
Example Case Results
While the damages you could recover will depend on the circumstances of the incident and other factors, here are a few examples of results we’ve achieved for our clients:
- $7,723,000 for fatal injuries
- $6,500,000 in another wrongful death case
- $2,685,000 for a client who sustained catastrophic injuries
An Albuquerque attorney from our firm can evaluate your case and discuss potential compensation based on your situation.
Accidental Shooting in Albuquerque lawyers near me 800-863-5312
Time Limit for Personal Injury Lawsuits in New Mexico
Every state adheres to statutes of limitations for various legal claims, setting the time frame for plaintiffs to file their claims after an incident occurs. New Mexico’s statute of limitations for personal injury claims is three years, as set forth in N.M. Statutes § 37-1-8.
Effectively, you have a three-year window from the accident date to initiate your lawsuit. Although this is a substantial amount of time, reaching out to a personal injury law firm early on is important for other reasons.
The sooner you contact us, the sooner our Albuquerque team can start gathering evidence to build a compelling case against the negligent party. We offer free initial consultations and are available 24 hours a day, seven days a week.
Contact Our Albuquerque Accidental Shooting Lawyer
If you or a family member has been the victim of an accidental shooting in Albuquerque, seeking legal advice as soon as possible is vital. An accidental shooting lawyer in Albuquerque can help you understand your rights and protect your interests, enabling you to navigate your case more efficiently.
Depending on the circumstances, you may have a claim for compensation for medical bills, lost wages, and pain and suffering resulting from the shooting. At Zinda Law Group, our experienced attorneys are committed to helping victims of accidental shootings obtain financial compensation for all they’ve endured.
Call us today to speak with an experienced lawyer about your case.