Although most gun owners diligently adhere to responsible gun safety techniques, it is important to acknowledge that accidents can, and unfortunately, do occur. If a negligent gun user injured you, an accidental shooting attorney in El Paso, TX, can help you claim damages.
At Zinda Law Group, we offer compassionate legal support to accident victims as they rebuild their lives. We understand that you may face an uphill battle of physical recovery while struggling with finances. Our El Paso personal injury lawyers will help you fight for justice. Call us to schedule a free case evaluation.
Does My Case Qualify As an Accidental Shooting?
An accidental shooting, also called an unintentional discharge, is when a firearm is discharged without the intended purpose or target in mind. It involves the unintentional firing of a gun, resulting in injury or death. Accidental shootings typically result from negligence, lack of proper training, or product defects.
Our El Paso accidental shooting lawyers will carefully investigate the circumstances of your injury and determine whether you have a valid case. We will help you understand how Texas laws impact your claim and help you navigate the legal process.
For a free legal consultation with a accidental shooting lawyer serving El Paso, call 800-863-5312
Identifying the At-Fault Party After a Shooting Accident
If you decide to take action after being injured by an unintentional firearm discharge, it’s crucial to identify the liable party. A lawyer will help you determine who should be responsible for the accident and the resulting harm.
Most shooting accidents fall under two categories, user negligence, and product defect. In these cases, the responsible party could be the gun user, owner, or firearm manufacturer.
The Gun User
Regarding accidental shootings, it is important to acknowledge that the gun user can be held at fault for the incident. Responsible gun ownership entails exercising caution, adhering to proper safety protocols, and ensuring adequate training in firearm handling. When an accidental shooting occurs, the gun user’s actions or lack thereof may contribute to the accident.
The gun user may be at-fault under the following circumstances:
- Negligent handling
- Lack of proper training
- Failure to secure the firearm
- Violation of local laws or regulations
- Recklessness or intoxication
The Gun Owner
In Texas, a gun owner can be held responsible for an accidental shooting caused by someone else under certain circumstances. The state follows the principle of “negligent entrustment,” which can establish liability for the owner who provides a firearm to someone unfit to handle it safely.
According to Texas law, if a gun owner knows or should know that the person to whom they are entrusting their firearm is reckless, incompetent, or has a history of irresponsible behavior, they may be held partially liable for any resulting accidents or injuries. This applies if the owner fails to exercise reasonable care in entrusting the firearm to someone with a foreseeable risk.
However, it’s important to note that determining liability in a specific accidental shooting case can be complex. A qualified attorney well-versed in Texas firearm regulations is crucial to assess the potential liability of a gun owner for an accident.
The Gun Manufacturer
If you can prove that the firearm involved in the accident had a design defect, manufacturing defect, or lacked adequate warnings or instructions, the manufacturer may be held liable.
The manufacturer may be at-fault for an unintentional firearm discharge under the following circumstances:
- Design defects refer to inherent flaws in the firearm’s design that make it unreasonably dangerous when used as intended.
- Manufacturing defects occur when errors or deviations during manufacturing lead to a defective firearm.
- Insufficient warnings or instructions refer to the manufacturer’s failure to provide adequate information on the safe handling and use of the firearm.
To establish liability, you must demonstrate a direct link between the manufacturer’s actions and the resulting shooting accident. Our accidental shooting lawyers in El Paso, TX, can determine the manufacturer’s potential fault. Zinda Law Group will help you pursue a legal course of action to seek compensation for injuries caused by the shooting accident.
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You May Recover Damages
As a victim of an accidental shooting in El Paso, you could qualify for damages to cover your losses. Depending on the severity of your injuries, you may experience long-term medical expenses. Also, your injuries may prevent you from working until you recover, or in more serious cases, you may be forever unable to earn an income.
If you were injured in an accidental shooting, you could qualify for the following economic and non-economic damages:
- Medical bills
- The cost of future medical care
- Lost wages
- Loss of earning potential
- Pain and suffering
- Loss of consortium
- Emotional distress
As your lawyers, we will use all available evidence to quantify all your losses and future expenses. We will rely on various pieces of evidence (including bills, receipts, and witness statements) to help you recover maximum compensation.
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File a Personal Injury Lawsuit Within the Texas Statute of Limitations
Texas sets a deadline for victims to file a lawsuit against the liable party. In most personal injury cases, you have two years from the date of the injury to take legal action. However, certain factors could extend the deadline or shorten it. An accidental shooting lawyer can determine the statute of limitations that applies to your case.
Failing to meet the deadline may lead to the dismissal of your case. Also, you may no longer be able to recover compensation for your accident-related losses.
While two years may seem like ample time, it is not necessarily so; building a strong case against the defendant takes time and effort. It’s best to seek legal guidance immediately after the accident to give your lawyer ample time to prepare.
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Call an EL Paso Accidental Shooting Attorney Today
If you have been involved in an accidental shooting incident in El Paso, seek legal assistance without delay. Unintentional firearm discharges can lead to severe injuries and financial burdens. Navigating the legal complexities surrounding such cases requires professional legal assistance.
By contacting the El Paso accidental shooting attorneys at Zinda Law Group, you can access professional guidance tailored to your specific situation. With our knowledge of local laws and regulations, we will provide the legal support you need during this challenging time. Call us today to discuss your options for financial recovery.
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