Accidental Shooting Accident Lawyers in Temple, TexasLast updated on: June 3, 2022
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Most people know that owning and operating a firearm can be inherently dangerous. Most firearm owners know this and take special care of their weapons. However, when the unexpected happens, you can count on the Temple accidental shooting injury lawyers of Zinda Law Group to be there for you in case of an accident.
Unfortunately, there are times when people who are inexperienced with firearms have them in their possession. In fact, firearm injuries are the second leading cause of death among American children. And when the victim survives, they live with physical pain and mental scarring.
If you or a loved one has been injured because of an accidental shooting, contact Zinda Law Group at (800) 863-5312 for a 100% free consultation. An accidental shooting lawyer is ready to evaluate your claim and can help you hold negligent parties accountable.
What to do following an accidental shooting
After suffering a gunshot wound, there are some crucial next steps that can help save your life and preserve your personal injury claim. First, you should seek medical attention for your injuries if you’ve been hurt. The most important thing to do following a gunshot wound is to secure your health and safety. To do so, contact a medical provider near you and have a full health examination, as your injuries could range in type and severity.
Next, you should contact the Temple police. Law enforcement will take account of the incident and all proceeding events. Importantly, law enforcement officer play a critical role in the acquisition and preservation of evidence. Even though their primary concern is gathering evidence for criminal proceedings, this same evidence can be used for personal injury claims.
Afterward,, you should contact an accidental shooting lawyer. An accidental shooting lawyer can being to investigate your case, gather evidence, and negotiate a settlement. You shouldn’t have to go through the legal process alone, and a Zinda Law Group accidental shooting injury lawyer has the experience to help you with your claim.
The importance of Gun Safety
When used improperly, firearms pose a major safety threat to operators and those around them. After all, firearms are designed to injure people. Anyone who has operated a firearm knows how powerful they are and the damage that they could cause. For this reason, many firearm owners undergo extensive training to familiarize themselves with the customary safety practices.
Unfortunately, many firearm owners do not equip themselves with adequate knowledge of firearm safety. Failing to be knowledgeable in this area is a leading cause of accidental shootings. Recently, the Center for Disease Control has made firearm safety a key focus for their organization. According to the organization, unsafely stored firearms increase the risk of unintentional firearm deaths.
Furthermore, Americans are four times more likely to die from an unintentional gun injury than people living in other high-income countries. In most cases, it is a lack of firearm safety training that causes injury. Ultimately, it is the owner of the gun who is responsible for making sure those in the vicinity of the firearm are safe. Still, without proper gun safety education, anyone can cause an accidental shooting in Temple.
What Is Gun Safety Negligence?
Gun safety negligence refers to the failure of the gun owner to take reasonable caution to prevent foreseeable harm. In the context of firearms, there are many circumstances that need to be considered. For example, if the gun owner left a firearm in an unlocked box when he knew children were around, this amounts to a failure to exercise reasonable care.
Negligence is most commonly used to determine fault. An experienced accidental shooting lawyer will be familiar with this standard and will use all relevant facts to help prove it. An experienced injury attorney will gather all the information needed to make the case, approaching each step with this standard in mind.
Duty of Care
To establish negligence, it must be proven first that a duty of care existed at the time of the accident. In general, there is a duty to prevent foreseeable harm in all circumstances. “Due care,” sometimes referred to as ordinary or reasonable care, refers to the defendant’s obligation to perform or refrain from some action to keep people safe.
In the context of firearms, gun owners have a basic duty to care for and store guns safely and to avoid any reasonably foreseeable dangers. This standard brings to mind two specific questions: (1) was there an unjustifiable risk; and (2) was it a risk that the defendant was aware of or ought to have been aware of? These questions call upon the standard of reasonableness (i.e., what the ordinarily prudent person would have done considering the circumstances).
Common Causes of Accidental Shootings
Typically, the cause of accidental shootings can be linked back to negligence or some other form of carelessness. Most experienced gun owners observe firearm safety standards. Other, less experienced, gun owners are more likely to mismanage firearms This results in serious injuries and sometimes death.
When an accidental shooting occurs, it’s important to look at the circumstances of the shooting to determine liability. For example, where the gun was stored, who was using the gun, and whether the gun had a safety, are all relevant to the determination of liability. When there is an accidental shooting in Texas, law enforcement will begin gathering evidence to determine who or what was ultimately responsible for the firearm discharge.
Below are a few of the most common causes of accidental shootings:
Lack of Parental Supervision
In 2021, over 350 children were the victims of unintentional shootings, and from those unintentional shootings, over 150 children died. A young child may not know the sheer power with which a gun can fire a bullet. Whether left with a babysitter or a close friend, a child needs to be supervised. Otherwise, an unintentional shooting may occur that could have been easily avoided.
In the context of accidental shootings, the term reckless handling refers to whether or not someone is handling a firearm safely. Things like waving a gun around and failing to check for a bullet when removing the clip all constitute reckless handling. Sadly, the mishandling of a firearms often results in accidental shootings.
Poor Gun Range Management
If in your case, the accidental shooting occurred at a gun range, then the owner of the gun range could be held liable. Property owners take on certain risks when they allow certain activities in their establishment. Failing to do something as simple as making patrons aware of the dangers of firearms can result in the property owner being liable.
Should a criminal trial prevent me from filing a personal injury claim?
If law enforcement chooses to impose criminal penalties on the shooter, it does not mean that you are precluded from filing a personal injury claim. For example, even if the shooter is being charged with murder, they can still be held civilly liable for acting negligently or causing a wrongful death. In other words, the shooter may be held civilly liable and criminally liable at the same time.
Take, for example, the college student who accidentally shot his TSU classmate in April. The two were together when the roommate began handling a gun. He believed it to be unloaded but accidentally shot his classmate in the side. The student was later arrested by law enforcement as he tried to take the victim to the hospital. Even though the individual cooperated with investigators and the case was referred to a grand jury, it does not mean that the shooter won’t face a personal liability claim.
The fact that the shooter is being criminally charged may be beneficial to your case. First, much of the same evidence will be used in the criminal trial that will be used on the criminal trial. Second, if they are found guilty of the criminal offense, they are more likely to be held civilly liable as well.
Of course, there are some key differences between criminal and civil liability. For example, where civil liability is a form of redress for the person injured, criminal liability is a form of redress for society. Furthermore, the damages owed after a civil case are monetary and the damages owed in a criminal case are of a physical nature. Ultimately, however, both civil and criminal penalties serve the purpose of preventing future bad conduct.
What to Look for In Temple Accidental Shooting Injury Lawyers
If you have been the victim of an accidental shooting, then you should hire an experienced gun accident lawyer. First off, gun accident cases are often complicated. Not only are the injuries often serious in nature, but also the circumstances leading to the injury are typically complex.
In many cases, close friends and loved ones cause gun accidents. This can weigh heavily on a victim’s heart when they are considering filing a personal injury claim. The right attorney will be able to manage these competing interests and give you the best chance at making a financial recovery for your injuries. The attorneys at Zinda Law Group take this responsibility with utmost seriousness and sincerity. Trust that if you are involved in an accidental shooting in Texas, our group of attorneys is ready to advocate on your behalf.
Call Zinda law group’s Temple accidental shooting injury lawyers TODAY
Being the victim of an accidental shooting can change your life forever. Most likely, you will need an long period for a physical recovery, and the mental and emotional anguish may stay with you far beyond that time. Because accidental shooting injuries can be so sensitive, it is crucial to have a personal injury attorney by your side who can both empathize with you and advocate on your behalf at the start.
At Zinda Law Group, we know that suffering a gunshot wound will likely be a life-changing event. If you or a loved one has suffered an injury as a result of an accidental shooting, call (800) 863-5312 to schedule a free consultation with a Zinda Law Groupaccidental shooting lawyer today. Plus, we offer a “No Win, No Fee Guarantee,” which means that you will pay nothing unless we win your case for you.
Meetings with attorneys are available by appointment only.