Accidental gun shootings can seriously injure or even kill unsuspecting victims. In such instances, the gun owner may be subject to criminal and civil liability. At the Law Offices of Robert Dixon, a Miami injury attorney can help you file a civil lawsuit against the at-fault party. As with any case, it is important to investigate the facts and determine what happened as quickly as possible. You can trust that we will work hard to pursue a favorable result for a client.
According to the Centers for Disease Control and Prevention (CDC), in 2013, there were about 73,505 nonfatal firearm injuries, 11,208 homicides, and 21,175 suicides through gun use. Over 500 of these deaths were due to the accidental or negligent discharge of a firearm. Common causes of accidental gun shootings include improper storage of handguns, gun user negligence, misfires, alcohol or drug related shootings, mechanical failure, or product failure.
Under Florida law, a party is negligent when he or she fails to exercise reasonable care, resulting in an injury to someone else. Reasonable care refers to the obligation to act as a prudent person would act under the same or similar circumstances. As a result, establishing negligence requires showing the following four elements. The defendant owed the plaintiff a duty of care, the defendant breached this duty, the plaintiff’s harm was a direct result of the defendant’s breach, and reasonably quantifiable damages arose.
If you have lost a loved one due to a negligent gun shooting, you may be able to file a wrongful death claim against the at-fault party. Wrongful death claims are complex and can only be filed by certain surviving family members. These claims are also subject to a different statute of limitations from other types of personal injury claims. Thus, it is important to speak to an attorney as soon as you are even contemplating such a claim.
If you prevail on your negligence claim, you may be entitled to a variety of economic and non-economic damages, including but not limited to medical expenses, rehabilitation costs, physical therapy costs, lost income and benefits, and pain and suffering. You may also be able to seek wrongful death damages if you have lost a loved one due to someone else’s negligent handling of a gun. These damages typically include funeral and burial costs, loss of earning capacity, and loss of companionship. In rare cases, punitive damages may also be awarded. Of course, the exact amount of compensation will vary depending on the nature and extent of the harm suffered by the victim.
If you or someone close to you has been hurt or killed due to an accidental gun shooting, it is important to act quickly. At the Law Offices of Robert Dixon, our reputable Miami injury attorneys can examine the facts of your case and provide you with an honest assessment about your chances of recovering compensation for your gun-related injury. We proudly represent clients throughout South Florida. To discuss your legal rights and options, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online today.
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Wrongful Death Claim Permitted After Personal Injury Case Based on Same Conduct Resolved, South Florida Injury Lawyer Blawg, September 23, 2016
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