Albuquerque Accidental Shooting Lawyer

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:

Gun Owner

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.

Gun Operator

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.

Gun Manufacturer

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.

Homeowner

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. 

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.

New Mexico Gun Laws You Should Know

In addition to federal regulations, each state sets its own laws and regulations governing guns. These laws and regulations vary widely across jurisdictions. This section will explore some of the laws in place in New Mexico.

Negligent Use of a Deadly Weapon

N.M. Stat. § 30-7-4, illegalizes “negligent use of a deadly weapon.” Of the New Mexico laws surveyed in this article, this law is the broadest and most flexible. Specifically, the law prohibits:

• discharging a firearm into any building or vehicle “so as to knowingly endanger a person or his property,”
• carrying a firearm while under the influence of alcohol or drugs,
• discharging a firearm within one hundred fifty yards of a building without the permission of the owner, or
• endangering the safety of another by handling a firearm in “a negligent manner.”

The open-ended nature of the last bullet point (no pun intended) means that the law acts as a catchall for all manner of irresponsible behavior involving guns.

Unlawful Carrying of a Loaded Firearm

N.M. Stat. § 30-7-2 makes it illegal to carry a loaded firearm “anywhere.” However, the law carves out a number of exceptions.

For example, it is not unlawful for a person to carry a loaded firearm in their residence or on other real property that they own or rent. Similarly, it is not illegal to carry a loaded firearm in a private automobile or “other private means of conveyance” for personal protection. Notably, the law makes very clear that it does not apply to unloaded weapons.

Unlawful Possession of Handguns

Unlike the foregoing law, which applies to all loaded firearms, N.M. Stat. § 30-7-2.2 is more specific. It makes it illegal to possess or knowingly transport handguns. Though handguns are a narrower class of weapons, the law makes clear that it applies to both loaded and unloaded handguns.

Like the foregoing law governing loaded firearms, this law also carves out a handful of exceptions. For example, it is not illegal to carry a handgun when engaged in:

• a hunting safety course,
• a handgun safety course,
• target shooting at an authorized range,
• legal hunting or trapping,
• an organized competition “involving the use of handguns,” or
• travel to or from any of these locations (but only with an unloaded handgun).

Unlawful Carrying of a Deadly Weapon on School (and University) Premises

N.M. Stat. § 30-7-2.1 makes it illegal to carry guns on “school premises,” which is defined very broadly. It includes obvious areas like buildings, athletic fields, and playgrounds owned by the school. It also includes school buses and “any buildings or grounds . . .on which public school-related and sanctioned activities are being performed,” even if not owned by the school.

N.M. Stat. § 30-7-2.4 establishes similar rules for university settings. However, unlike other educational institutions, universities must “conspicuously post notices on university premises that state that it is unlawful to carry a firearm on university premises.”

Unlawful Carrying of a Firearm in Liquor Establishments

N.M. Stat. § 30-7-3 makes it illegal to carry a firearm of any sort, whether loaded or unloaded, in establishments selling alcoholic beverages. The exceptions included in this law are more limited. They generally apply only to law enforcement, owners of liquor establishments, and persons carrying valid concealed handgun licenses. 

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. 

Contact us today to speak with an experienced lawyer about your case.