Accidental Shooting Accident Lawyers in Round Rock, TexasLast updated on: May 27, 2022
Call (800) 863-5312 to Speak With Zinda Law Group’s Round Rock Accidental Shooting Injury Lawyers Today
In Round Rock, Texas, citizens use their guns for a variety of responsible reasons including hunting, recreational activities, and for personal protection. Unfortunately, even if you are following proper gun safety measures, not every gun owner is. In fact, the odds of ending up as a victim of an accidental shooting in Texas are increasing annually as more gun owners are improperly maintaining their guns and allowing children to have easy access. An accidental shooting can leave a victim wondering what happens next and who to hold responsible. In the aftermath of an accidental shooting, Zinda Law Group’s Round Rock accidental shooting injury lawyers are available to help you.
Our Zinda Law Group Round Rock Accidental Shooting Injury Lawyers Can Help You Decide What to Do After an Accident
A Zinda Law Group accidental shooting lawyer can determine who to pursue a legal claim against for your injuries. Typically, cases involving accidental gun injuries require the assistance of experienced attorneys who are able to provide options for your case. Generally, accidental shootings are analyzed under the legal theories of negligence or product liability.
If another person was careless in their handling of a gun, causing you to suffer an accidental gunshot injury, you may pursue a negligence claim. To prove your negligence claim, Texas law requires that you demonstrate that the responsible party owed you a duty of care. This means that the responsible party had a requirement to act in a certain manner. Then you must prove the party breached that duty of care, and that their breach was a direct cause or act that resulted in your injuries. Parties who could be found liable for an accidental shooting injury include the owner of the gun, the person who fired the gun, a gun instructor, or the manufacturer of the gun.
A court will consider different factors, such as if a child was hurt or caused the gun to go off. In the latter scenario, the child’s parents would likely be liable for any damages caused. Additionally, the court will consider whether the gun user carelessly fired the weapon causing a severe injury, or if the gun user believed that the safety was on when it was not. They will also determine whether the gun contained sufficient instructions about its maintenance and operation. Importantly, Texas criminal law makes an adult criminally negligent if a child gains access to a loaded gun and the adult did not secure it.
Sometimes, an accident is not the fault of the party who handled the gun. Instead, the manufacturer of the gun could be responsible, especially if the gun went off on its own. In that scenario, your attorney may pursue a product liability claim on your behalf.
In order to prove a product liability claim against a manufacturer, you will need to demonstrate that the gun itself (or certain parts of the gun) had defects. Those defects could be inadequate warnings or flaws within manufacturing of the gun. Also, your Round Rock accidental shooting attorney will need to prove that were it not for the gun’s inadequacies, you would not have had an accidental gunshot injury.
Read More: Product Liability Lawyers.
Steps to Take Immediately After an Accidental Shooting in Round Rock
Accidental gunshot injuries can leave their mark long after the incident occurred. In the aftermath of an accident, it is important to know which steps to take to mitigate your injuries and ensure a better recovery. Here are the actions to take if you or a loved one are injured in an accidental shooting.
1. Seek Medical Care If Injured
The first step to take after an accidental shooting in Round Rock is to determine your health status. Even if the injury does not appear to be serious or life threatening, still contact Round Rock authorities and head to your nearest medical provider as soon as possible. Gunshot wounds can rapidly worsen and may lead to severe infection or blood loss that requires emergency surgery.
2. Contact the Police
After examining your condition, alert the Round Rock police about the accidental shooting so that they can police report about what took place. The police will be able to assess the situation, examine the severity of your injuries, determine whether any criminal investigations should take place, and allow you to tell your recollection of the event. Additionally, it is important to personally obtain the police report for your records and for your potential case.
3. Store the Gun
Make sure that the gun that caused the injury is safely stored. Furthermore, ensure that the gun is not loaded with bullets and that the bullets are placed in a separate, safe area. Not only will this prevent another accidental injury with the gun in question but preserving the gun will make it easier to introduce the gun as an evidentiary exhibit during a trial. This is especially helpful if you bring a lawsuit against a manufacturer on the grounds that the gun is a defective product.
4. Hire a Round Rock Personal Injury Attorney
Because accidental shootings can vary in severity, it’s important to retain an injury attorney to help you navigate the legal process. An injury attorney can guide you through each part of the process and help you pursue maximum compensation for your injury. At Zinda Law Group, our accidental shooting lawyers are here to ensure that you receive the individualized attention you deserve.
5. Gather Evidence
After an accidental gunshot injury, work with your injury lawyer to gather as much evidence as you can, including photographs of the injury and of the gun. Importantly, if there were any witnesses to the accident, try to get the witness to make statements about the accident. Their corroborating evidence will strengthen your personal injury claim. Furthermore, any documentation showing that the responsible party did not have a license to use the gun will be helpful. Remember to also record how long you have missed work. Additionally, keep all receipts of your medical expenses, including treatments needed. These help determine the total amount of economic damages.
Common Reasons For An Accidental Shooting in Round Rock
Accidental shootings happen for a number of reasons, including:
- Improper maintenance
- Children accessing the guns
- Use of the gun while intoxicated
- Failure to follow proper safety precautions
- Engaging in reckless behavior while possessing a gun
- Guns going off while cleaned
If you were injured in an accidental shooting, contact an accidental shooting attorney in Round Rock to determine whether your accident entitles you to compensation. If you were hurt, you may be entitled to different types of damages, depending on the extent of your injuries.
Types of Injuries in a Round Rock Accidental Shooting Accident
Victims of accidental gunshot injuries often deal with life-altering consequences. A non-exhaustive list of life-changing injuries from gun violence include:
- Traumatic brain injuries
- Loss of limb
- Permanent disability
- Post-Traumatic Stress Disorder (PTSD)
The number of gun injuries continue to increase each year. Recent studies have shown that guns stored in homes have a higher likelihood of being involved in accidental shootings than guns used intentionally (either for an attempted suicide, to kill, or engage in self-defense). Additionally, statistics demonstrate that accidental gunshot injuries are common in the State of Texas. For example, in 2019, there were 3,683 gun-related deaths. Additionally, 32 children between the ages of 0 and17 died from unintentional shooting injuries. Plus, there were at least 45 gun-related injuries due to unsupervised child firearm access. Importantly, Texas ranks first in the United States for stolen guns.
Furthermore, accidental gun injuries are common when hunting. Although hunting is one of the most popular sports in Texas, serious, and sometimes fatal, injuries occur when a gun accidentally goes off while hunting. Texas law allows you to bring a lawsuit against the hunter (or their insurer) responsible for your or your loved one’s injury.
Accidental gunshot injuries can lead to long-lasting, and sometimes fatal, injuries that traumatize survivors and loved ones. That is why, if you sustained an accidental gunshot injury,it is important to contact an injury lawyer as soon as possible to help you assess your situation and determine if pursuing a legal claim is appropriate.
Demanding Compensation After an Accidental Shooting Injury in Round Rock
For a personal injury lawsuit under Texas law, you could obtain economic damages, non-economic damages, and possibly punitive damages if a defendant, or negligent party, is found at fault for your injuries caused by an accidental gunshot. In a circumstance where the victim passes away due to someone’s negligence, a loved one can file a wrongful death lawsuit on behalf of the victim. The same type of compensation is available whether you are pursuing a personal injury lawsuit or a wrongful death lawsuit.
Economic damages refers to compensation for monetary losses, such as medical expenses (past and future), loss of earnings, loss of use of property, and loss of future employment. These damages are the easiest to calculate. To ensure you receive fair compensation for your injuries, keep documents which demonstrate your medical expenses, property damage, and missed work.
Non-economic damages refers to compensation for non-monetary losses such as pain & suffering, emotional distress, inconvenience, and loss of companionship. Non-economic damages are harder to quantify than economic damages. However, your attorney will help determine the value of your non-monetary losses.
Unlike economic and non-economic damages, punitive damages punish the responsible party rather than making the victim “whole again.” You must meet a very high standard to obtain punitive damages. A court may award punitive damages in addition to economic damages in a situation where the responsible party was reckless or acted intentionally.
Importantly, even if you are able to meet the threshold for punitive damages, state law has a damage cap on what you can receive. In Texas, the cap for punitive damages is:
- $200,000; or
- twice the amount of economic damages plus an equal amount of non-economic damages up to $750,000
After an accidental shooting in Round Rock, you should consult with your Round Rock injury attorney to determine whether you should pursue punitive damages.
Read More: How to Calculate the Value of a Case.
What Are the Statutes of Limitations for an Accidental Gunshot Injury?
In Texas, you have two years from the date of your accident to file a personal injury lawsuit against the responsible party (or parties). Importantly, the statute of limitations is usually tolled when a child is injured. For example, if an eight-year-old child was injured in an accident, the statute of limitations would not begin until the child turns eighteen.
Contact Our Zinda Law Group Round Rock Accidental Shooting Injury Lawyers Today
At Zinda Law Group, our Round Rock accidental shooting injury lawyers have years of expertise and experience in helping our clients pursue maximum compensation for their injuries. We are here to get your life back on track. Call Zinda Law Group today and speak with an injury attorney who can help you investigate the accident, gather evidence, and work toward resolution as quickly as possible.
If you or a loved one has been injured in an accidental shooting in Texas, call Zinda Law Group at (800) 863-5312 for a 100% free case evaluation with an accidental shooting lawyer. You pay nothing unless we win your case. That is our No Win, No Fee Guarantee. Fee
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