Everyone understands that firearms can be dangerous. While this knowledge likely prevents many accidental shootings each year, people still suffer injuries from accidental shootings at an alarming rate. These shootings typically result in severe injuries and sometimes death. If you were injured due to negligence, an accidental shooting lawyer in San Antonio can help.
At Zinda Law Group, we have been in the business of helping injury victims recover the money they need after an accident for over 15 years. In that time, we have served more than 10,000 clients and recovered over $210,000,000 in damages. Contact us through our site or by giving us a call to schedule a free consultation with one of our San Antonio personal injury lawyers.
Civil Liability in Accidental Shooting Cases
When people think about a trial after a shooting, they tend to think about criminal proceedings. However, even if the party that shot you is facing criminal penalties, you still need to file a civil lawsuit to recover damages. The criminal trial is to punish the liable party for their actions and can result in incarceration and fines.
However, you need to file a civil lawsuit to recover compensation from the at-fault party. Filing a personal injury lawsuit will help you recover a wide range of economic and non-economic damages. Additionally, many accidental shooting victims qualify to pursue punitive damages from the responsible party.
For a free legal consultation with a accidental shooting lawyer serving San Antonio, call 800-863-5312
The Four Elements of Negligence in Accidental Shooting Cases
When attempting to prove that your damages resulted from the negligence of another party, there are four elements you must prove.
Duty of Care
The first thing you need to prove is that the liable party owed you a duty of care. Establishing the existence of a duty of care is typically straightforward. If the at-fault party was the person handling the gun, a duty of care exists for everyone in control of a dangerous firearm to behave with a level of safety that any reasonable person would take.
Breached Duty of Care
Next, you must show that the liable party failed to uphold their duty of care. Some of the most common examples of a breached duty of care in cases involving accidental shootings include:
- Placing a finger on the trigger when not intending to fire
- Failing to check whether or not the weapon is loaded
- Failing to ensure the weapon is pointed away from others
- Failing to engage the safety mechanism
The next thing you must show is that you suffered damages. If you were wounded by a bullet in an accidental shooting, pictures of your wound along with medical records will suffice to prove that you sustained damages. However, if you suffered injuries like hearing loss caused by the percussive discharge of the firearm, proving your damages can be more difficult.
It is critical that you get treated for any injuries sustained as a result of your accident and keep all medical bills to show the extent of your damages.
The last thing you must demonstrate is that your damages were the direct result of the at-fault party breaching their duty of care. An experienced accidental shooting lawyer serving San Antonio can help connect all the dots for the jury.
Accidental Shooting in San Antonio lawyers near me 800-863-5312
Make Sure to File Your Lawsuit Before Time Runs Out
When attempting to recover compensation through an accidental shooting lawsuit, you must pay attention to the filing deadline. According to the personal injury statute of limitations in Texas, accident victims are typically permitted two years to take legal action. If you miss the filing deadline, you could lose your right to recover damages.
However, it is critical to understand that special circumstances in your case can alter the amount of time you have to file. That’s why it is critical that you contact an experienced San Antonio accidental shooting attorney, even if you believe you have missed your window for recovering damages.
It’s also crucial to note that the filing deadline can shift in the other direction in some cases. The best way to ensure that an unexpected deadline doesn’t result in the loss of your right to claim compensation is by speaking with an experienced attorney as soon as possible after getting shot. Your lawyer can determine if exceptions apply to your case and how long you have to file.
Product Liability in an Accidental Shooting Case
While the party handling the gun is most often at fault in accidental shooting cases, they are not the only party that can hold a level of liability for an injury. If a product defect was to blame for the accidental shooting, the manufacturer of the firearm may be held responsible. The three types of product defects are:
- Design defects
- Manufacturing defects
- Warning defects
A design defect occurs when a firearm is manufactured according to specifications but still poses an unnecessary danger. All guns have the potential for destruction. However, if handled properly, a normal firearm should not accidentally discharge. If a gun is manufactured and used properly but still poses a hazard, the weapon may have a design defect.
A manufacturing defect exists when a gun is properly designed, but an error in manufacturing results in unnecessary danger. Manufacturing defects can be caused by a variety of factors, including human error, faulty equipment, and cutting corners.
If a product can cause harm, it must come with proper warning labels. Failing to provide a warning booklet with a firearm can mean that the manufacturer is at fault for not properly warning people of the dangers posed by the gun.
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Get Help From an Experienced Accidental Shooting Lawyer in San Antonio Today
After suffering an injury because of an accidental shooting, it is critical to secure the services of an experienced accidental shooting attorney serving San Antonio, TX. If you try to recover compensation on your own, without the help of an attorney, you are unlikely to get anywhere near the amount you need for your damages.
At Zinda Law Group, we have been helping our clients secure the compensation they need and deserve for years. Get in touch with us today by giving us a call, completing our contact form, or using our chat tool and schedule a free case review with a member of our legal team.