Gunshot injuries are a major public health concern in Texas. There has been an increase in mass shootings and homicides in the state due to firearm violence. Accidental firearm injuries were 4 times more common in Texas than in any other state, according to a 2014 survey. Houston has the highest rate of gun related injuries in the state.
A gunshot accident due to negligence occurs when the gun owner or shooter fails to exercise reasonable care and precaution when handling a gun, thereby endangering the safety of others. Children tend to be most vulnerable due to their curiosity and impulsivity.
STEPS TO TAKE AFTER A GUNSHOT ACCIDENT.
If you or a loved one has been a victim of a accident involving a firearm, our team of gunshot accident lawyers recommends you do the following :
- SEEK MEDICAL ASSISTANCE. It is important to get yourself assessed for serious Injuries. Some injuries do not show obvious signs right away.
- GET STATEMENT OF WITNESSES. The fate of a gunshot accident lawsuit can hinge on the testimony of witnesses. It is important to take the names and addresses of witnesses of the accident to facilitate their appearance in Court and if possible, take their statements too.
- TRY TO OBTAIN SECURITY CAMERA FOOTAGE. Security camera footage can provide graphic evidence of the shooting. Most gun ranges, parking lots and public buildings have security cameras. Make sure the range or building manager preserves any camera footage that has captured the shooting. If you are denied access to such footage, a gunshot accident attorney certainly can get access through intervention of the Court.
- COLLECT MEDICAL RECORDS AND BILLS. No claim can proceed in the Courts of law without evidence showing damages. It is necessary to gather copies of all your medical records and bills, receipts of out of pocket expenses incurred and statement of your lost wages, which will be used in compensation calculations.
- ENLIST THE SERVICES OF AN EXPERIENCED GUNSHOT ACCIDENT LAWYER. No one should have to endure the physical and emotional trauma of a gunshot accident. If you or your loved one has been harmed in a gunshot accident, you need a Texas gunshot accident lawyer by your side who will stand up to insurance companies and gun manufacturers.
COMMON CAUSES OF GUNSHOT ACCIDENTS.
Some major factors that contribute to gunshot accidents are:
- NEGLIGENT ENTRUSTMENT. When gun owners allow incompetent, inexperienced, dangerous or reckless individuals to have access to their guns or firearms, there is a chance of an injury occurring due to an gunshot accident.
- NEGLIGENT STORAGE OF A GUN. Gunshot injuries can occur when guns are stored in a way that they are likely to be accessed easily and misused. Parents fail to keep guns away from the reach of children who can accidently discharge the guns causing injury to themselves or to those around them.
- IMPROPER TRAINING. Proper training to handle guns and firearms ensures the safety of the shooter as well as those around him or her. If the shooter never received any training or the training he or she received was inadequate, there are chances of injuries occurring due to a gunshot accident.
- IMPROPER GUN RANGE MANAGEMENT. A poorly managed and maintained range is more likely to experience gun related accidents. Gun ranges can be chaotic and crowded places where numerous people are shooting at once.
- RECKLESS HANDLING OF A GUN. Posing with a gun, aiming at people or objects and firing shots in the air can result in accidental injuries or even death. Utmost care should be taken while handling guns.
- USE OF ALCOHOL AND DRUGS. Use of alcohol and drugs are leading causes of accidental gunshot injuries. These substances can cause gun owners or shooters to act negligently.
- ACCIDENTAL DISCHARGE. An accidental discharge can occur while cleaning a gun, transporting a gun or even while carrying it. If a gun is defective, there is a chance of it being accidentally discharged.
- DESIGN OR MANUFACTURING DEFECTS. Defective guns, gun accessories and safety equipment are to blame for a significant number of gunshot accident injuries every year.
TYPES OF GUNSHOT ACCIDENT INJURIES.
Most common gunshot accident injuries are :
- Hearing loss.
- Loss of vision.
- Facial damage.
- Spinal injuries/ paralysis.
- Traumatic brain injuries.
- Permanent disability.
- Internal bleeding.
- Wrongful death.
GUN POSSESSION AND OWNNERSHIP RESTRICTIONS.
Illegal possession of a firearm is a criminal offence. Under Federal and State Gun Control Acts, a person is not permitted to own or possess a firearm if he or she:
- Is a fugitive from justice.
- Has been committed to a mental institution or has been diagnosed or adjudicated to be mentally ill.
- Was convicted of a crime punishable by imprisonment for a term exceeding more than one year.
- Is not a legal citizen.
- Has been addicted to any illegal substance.
STATUTE OF LIMITATION FOR FILING A GUNSHOT ACCIDENT CASE IN TEXAS.
There are specific time limits, restrictions and rules for filing a gunshot accident claim. A experienced gunshot accident lawyer ensures that you fully understand the Federal, State and Local laws that might apply to your case. Texas statute of Limitations for gunshot accidents due to negligence is two years after the accident occurred. In general terms, residents of Texas have two years from the date of the accident to initiate a civil lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced gunshot accident lawyer. Sufficient time is necessary to collect evidence to establish the defendant’s liability. Various witnesses have to be traced and interviewed. Numerous records have to be collected and opinions of gun industry experts have to be sought.
COMPENSATION FOR VICTIM OF A GUNSHOT ACCIDENT IN TEXAS.
Our Texas gunshot accident lawyers seek to get maximum compensation for the victim of a gunshot accident and help him or her explore other options and alternative ways to seek additional compensation for injuries sustained.
Gun accident liability, meaning the legal responsibility to pay for the gunshot victim’s damages may fall on one or more of the following:
- The gun owner.
- The owner of the property where the gunshot accident occurred.
- The person who fired.
- The gun seller.
- Gun manufacturer, if the accident was caused by a manufacturing defect or a flaw in design.
Compensation awarded in gunshot accident claim can help cover medical expenses, long term medical care, and other damages.
Our Texas gunshot Accident lawyers help victims recover:
- Medical Bills.
- Lost Wages.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
PRODUCT LIABILITY AND GUNS.
Gun manufacturers cannot be held liable for a criminal misuse of a gun. But If there is any evidence that the gun was defective and the defect caused or contributed to the injury, a civil lawsuit can be filed against the gun manufacturers.
A gun can be defective in the following three ways:
- If the gun is manufactured with a flaw, it is said to have a manufacturing defect.
- If a gun is marketed with inadequate instructions or warnings with regard to risks, it is said to be defective.
- If a gun is designed in such a manner that it will result in an injury, it is said to be defective in design. The risk of injury could have been reduced by use of an alternative design.
WHY HIRE US?
Our qualified and experienced Attorneys possess in depth knowledge and experience to assist a victim and his or her family to navigate through complex accident laws. Our team relentlessly fights to secure maximum compensation through verdicts and settlements for victims of gunshot accidents in Texas.
Our Texas gunshot attorneys also ensure that the defective gun models are remedied and that no further injuries will be sustained as a result of the manufacturing of defective guns.
Accident cases involve complex and intricate legal concepts. Our team of experienced gunshot accident lawyers in Texas has access to and seek the opinion of quality ballistic experts, crime scene investigators and complex accident reconstruction specialists.
Our team of Miami gunshot accident lawyers know how to effectively deal with Attorneys and Insurers of the shooters and also powerful gun manufacturers who try to deny the plaintiff’s claim or reduce the claim value significantly.
CONTACT A TEXAS GUNSHOT ACCIDENT LAWYER.
If you or your loved one has been injured due to the careless or negligent use of a gun or a firearm, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced gunshot accident lawyer at our firm for a free case evaluation right away.