gun accidents when to sue lawyer blog

by Sarina Wunsch I 7 min read

Do you need a lawyer for a serious gun accident case?

Jan 16, 2019 · Gun accident liability, meaning the legal responsibility to pay for the gunshot victim’s damages, may fall to the firearm owner, the person who fired the gun, the firearm seller, or even the gun manufacturer. Gunshot victims and their families are often entitled to financial compensation for their injuries, expenses, and emotional distress.

What happens if you are injured in a gun accident?

Oct 13, 2014 · Speak With a Dallas Personal Injury Attorney For Free. The attorneys at Rasansky Law Firm are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313. REQUEST A FREE CONSULTATION BY EMAIL.

Who pays for gun accident liability?

May 24, 2016 · Child Gun Accidents. According to EveryTownResearch.org, which tracks accidental shootings across the country and advocates for gun safety, there were roughly 400 accidental shootings involving children in 2015. 244 people were injured and 128 people died. So far in 2016, there have been almost 100 shootings involving children.

Is a shooting injury accidental or negligent?

Apr 10, 2013 · Debates are raging across the country on the topic of gun control. We do not intend to take a political stand on these issues. However, our Sacramento wrongful death lawyer knows that accidental shootings are a very real danger. These accidents can claim lives or cause serious injury and our firm is prepared to help the victims, regardless of which side of the political aisle …

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What is product liability in firearms?

Product liability is a legal provision which seeks to protect consumers from errors in manufacturing as well as negligence during the design or manufacturing of a product. Here are some of the most common firearm defects:

How to contact Rasansky Law Firm?

If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 651-6100, or toll-free at 1-877-405-4313.

Child Gun Accidents

According to EveryTownResearch.org, which tracks accidental shootings across the country and advocates for gun safety, there were roughly 400 accidental shootings involving children in 2015. 244 people were injured and 128 people died. So far in 2016, there have been almost 100 shootings involving children.

Liability for Shooting Deaths & Injuries – 2 Reasons Gun Owners Should Pay Attention

Here are two reasons to secure your firearm: criminal charges and civil lawsuits. Gun owners may face civil and criminal liability when a child obtains possession of a firearm and accidentally harms themselves or another person.

Lack of Experience Around Firearms

A number of accidental shootings occur simply because the person who fired the gun has never handled a gun before. It's no surprise that many accidental shooting victims tend to be younger than 25. If you are going to handle a firearm for personal/home protection or for recreational shooting, be sure to take a weapon's training course.

Poor Storage of Firearms

Another cause of accidental shootings is people leaving weapons unattended or just laying around. Guns need to be treated as if they're always loaded, and given their due respect. Make sure that your guns are always properly stored, and you know where they are at all times.

Drugs and Alcohol

Alcohol and other controlled substances affect your coordination, vision, and decision-making skills. No one should handle a firearm while under the influence of drugs or alcohol. Tragedies are more likely when controlled substances are present near guns.

Irresponsible Gun Use

A gun is not a toy and should never be treated as one. You should never point a gun at someone or pull the trigger as a joke. So many accidental shootings occur because people simply do not have proper respect for guns and the harm that they can cause.

Lack of Communication

When out hunting or at a shooting range, it's important to communicate your intentions clearly with other armed individuals in the area. Be properly attired, and make yourself known so as not to startle others. Miscommunication can be deadly, so always be aware and communicative with others.

Accidental Discharge of a Firearm

Accidental discharge of a firearm can occur for a variety of reasons. The most common involves people resting their finger on the trigger of a gun rather than keeping their finger off the trigger. Some triggers are extremely sensitive, and just a little bit of pressure can cause an accidental discharge.

Minors Using Guns

Tragically, the presence of guns around minors is more likely to lead to accidental shootings. According to the CDC, gun-related injuries are the third leading cause of death among people 17 years old and younger.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What is negligence malpractice?

Damages in a negligence malpractice claim are quantified by what was recovered and what would have been recovered but for the attorney’s negligence. A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires.

What is breach of care?

Breach. A breach occurs when a lawyer fails to exercise reasonable care in your representation. For example, if the standard of care includes filing pleadings on time and your attorney misses an important deadline, they will have breached the standard of care.

What is a duty of care agreement?

Typically, a verbal or written agreement between the parties exhibits an attorney-client relationship. A duty of care requires an attorney to use the same care, skill, and diligence possessed by other lawyers in their community under similar circumstances.

What is an inaccurate billing?

Inaccurate billing; Missed deadlines; Failing to communicate with the client ; Settling a lawsuit without the client’s consent; Giving inaccurate legal advice; Stealing or losing money or property that belongs to the client; Incompetently drafting legal documents that do not protect your rights;

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