We live in an increasingly violent society with gun-related injuries becoming particularly common. In the United States, gunshot wounds lead to 15,000 fatalities each year, and an additional 115,000 people sustain non-fatal gunshot injuries. Among these non-fatal gunshot injuries are spinal cord injuries (SCI) and traumatic brain injuries (TBI).
Sustaining a SCI or TBI is a life-altering event. Not only do people with spinal cord and brain injuries have to adjust to a new way of living, but they have to keep up with the countless expenses that come with a serious injury. People with SCIs and TBIs need intensive, ongoing medical treatment, which can be incredibly expensive. However, people who have sustained a SCI or TBI from a gunshot wound may be entitled to receiving compensation for their injuries. If you have sustained a spinal cord injury or brain injury from a gunshot wound, a DC shooting/physical harm lawyer could help you recover financial compensation by prosecuting the assailant, prosecuting the firearm manufacturer, prosecuting the firearm seller, and pursuing a civil action case against the owner of the property on which the shooting took place.
The most common way gunshot victims receive compensation for their injuries under the law is by prosecuting the assailant. A shooter can be held liable for a catastrophic injury if your legal team can prove that the shooter was at fault, regardless of whether the shooting was accidental or not. An assailant can be prosecuted for purposefully shooting the injured party if your DC gunshot injury attorney can prove intent and fault on the part of the shooter. If proven liable, the shooter can be required to compensate you for your past and future medical bills, lost wages due to missed work, and pain and suffering.
If the shooting was accidental, the shooter can be held liable for accidental discharge or negligent discharge. Prosecuting an assailant for accidental discharge of a weapon requires proving that the shooter was at fault despite having taken all necessary safety precautions with the firearm. For example, a person can be prosecuted for accidental discharge if their hand slipped off of the trigger and discharged, injuring a bystander. Prosecuting an assailant for negligent discharge of a weapon requires proving that the shooter was at fault because they failed to exercise reasonable care in handling the firearm. For example, a person can be prosecuted for negligent discharge if they were intoxicated while handling the gun during the time of the shooting.
Two other common methods of receiving compensation for a gunshot injury are through prosecuting the firearm manufacturer and prosecuting the firearm seller. A firearm manufacturer can be held liable for your catastrophic gunshot injury if your legal team can prove that the firearm had a manufacturing or design defect. The manufacturer can also be held liable for giving their consumers insufficient warnings on vital information such as using the safety and unloading the weapon. Firearm sellers can also be held liable for a gunshot injury. The seller can be held liable for a gunshot injury if they were not legally authorized to be selling a firearm at the time of the gun’s purchase. The seller can also be prosecuted for knowingly selling a firearm to a consumer that was legally restricted from buying a firearm at the time of the purchase.
Businesses have a duty to keep individuals safe. When a person is injured from violence on their property, it may be because there was a lack of adequate security. If your gunshot injury took place on a business’s property, you may have a right to pursue a civil action case against the property owner for your injuries. To successfully pursue a civil action case against the property owner, your legal team must prove that the business owed you a duty of care on their property, the business violated that duty of care by failing to provide adequate security, and that your injury was a result of the business’s inadequate security. If proven liable, the business can be required to compensate you for your past and future medical bills, lost wages due to missed work, and pain and suffering.
If your gunshot injury took place on a property other than a business— such as an apartment complex—you still may be able to pursue a civil action case against the property owner for inadequate security. A property owner can be successfully prosecuted through a civil action case if your legal team proves that the property owner owed you a duty of care on their property. If a DC gunshot injury lawyer proves that the owner owed you a duty of care and violated this duty of care by not providing sufficient security, you may be able to receive compensation from the property owner for your injuries.
Individuals who have sustained a spinal cord injury or traumatic brain injury following gun violence should contact The Spinal Cord Injury Law Firm at 1-877-SCI-FIRM or firstname.lastname@example.org. Reach out to our DC shooting/physical harm attorneys for a free consultation to determine what legal actions are available to pursue.
Kelley is an asset not only to the SCI community, but a force to be reckoned with. Anyone would be lucky to have her fighting on their side! – Sunni
After my wife had a traumatic brain injury we had so many questions. Kelley took the time to answer all of our questions and worked hard for us. Kelley is an excellent lawyer. We were lucky to have her guide us through a difficult time. – Jose