Shooting Victim Lawyer
Phillips Law Group
Crimes and accidents involving firearms are an unfortunate daily reality in the United States. And sadly, a shooting victim who survives is often left with significant physical and emotional damage.
Additionally, shooting victims likely have substantial financial losses in the form of medical bills piling up as they miss work for their injuries.
When a gun violence tragedy impacts your life, you may be unsure of how to get help and what your rights are. A shooting victim attorney may be able to help you navigate your next steps, particularly one who has the experience and a proven track record that the ones on the team at Phillips Law Group do.
If you are a recent gunshot victim or have a family member that died as a result of the shooting, you can file a civil lawsuit against the shooter to recover your losses. No amount of money will bring a loved one back or heal your pain, but we can help you receive compensation and help ensure that your healthcare needs will be taken care of after such a tragedy.
Contact us today to schedule a free consultation with us to review your situation and evaluate whether you have a possible claim. You are under no obligation to move forward with us, but if you decide to do so, our firm will thoroughly investigate your case and assist you in receiving the compensation you are entitled to.
We take all cases on contingency which means there are no upfront costs, fees, or expenses for our services. We do not get paid unless we win your case!
Can Shooting Victims File a Civil Lawsuit?
Victims of gun accidents have the right to pursue compensation for their losses. The same is true for the families of shooting victims.
However, liability is sometimes a complex concept in gunshot cases. The at-fault party is typically the person that fired the gun. But depending on the specific circumstances of your case, the manufacturer, seller, or gun owner — who is not always the same as the shooter — could be at fault.
What If the Shooting Was an Accident?
Even if the shooting was accidental, you could still hold someone responsible for negligence. Most civil lawsuits involve personal injury, and personal injury is typically based on negligent behavior. When a shooting occurs on someone else’s property, the concept of premises liability may arise because the property owner could be at least partially responsible for the accident.
Premises Liability and Duty of Care
While specifics of implementing premises liability laws vary from state to state, the general idea is that a property owner owes a duty of care to maintain hazard-free conditions for anyone lawfully present on their property. Lawful visitors include friends and family, patrons, and anyone with an implied invitation, such as a delivery person or city utility worker.
To prove a property owner is liable in a shooting case, you need the following elements:
- Proof the property owner owed you a duty of care
- Proof the property owner violated that duty of care by not maintaining a safe environment for you and other visitors
- Proof the owner’s violation of duty led to the shooting accident
- Proof the shooting incident resulted in your injuries
This process is often complex and sometimes challenging to prove. An experienced shooting victim lawyer can help you understand whether or not you have a case for premises liability and collect the necessary evidence you need to verify all four elements.
When Is the Shooting Considered Aggravated Assault?
Assault is a form of intentional personal injury defined differently by state law. For example, some states consider the intent to cause harm or make a person fear you will cause harm to be an assault. An assault turns from simple to aggravated when the aggressor inflicts more severe damage or uses a weapon to assault the person. Shooting or threatening to shoot someone with a gun is automatically aggravated assault with a deadly weapon.
Creating a Case for Aggravated Assault With a Deadly Weapon
As with premises liability, you, the plaintiff, must prove certain elements to claim aggravated assault with a deadly weapon. The components can include:
- The defendant intended to threaten you with a deadly weapon
- The defendant’s threat made you fear for the safety of your life
- The defendant attempted to cause you bodily harm with the weapon
- The defendant did cause you physical injury with the weapon
In cases where the weapon is a rock or inanimate object, you must prove the weapon is deadly. In a shooting incident, the weapon is a gun, which is inherently deadly without question.
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