Accidental Shooting - Las Vegas Personal Injury Lawyer Explains
Accidental Shooting Lawsuits
If you got injured in a shooting accident, call us at 702-432-1000 to discuss your case. If the gun was accidentally discharged by the gun owner or on a commercial property, we can get you money to compensate for your medical bills, and your pain and suffering.
Las Vegas and Accidental Shooting Accidents
Las Vegas is more laxed about gun safety than many other cities in the United States, partly, because of state laws, and, partly, because of the easy availability of guns, alcohol and shooting ranges, often in close proximity of one another. Nevada is one of the 21 states where gun deaths exceed motor vehicle-related deaths.
Is Accidental Shooting Caused by Negligence?
Yes. Even though the accidental shooting is unintentional and not foreseeable, it is still negligence in the eyes of the law. The defendant can be a private individual, a company where armed guards are employed, or a gun retail store. When guns are involved there is a certain expectation of duty of care, which is, in this case, to keep the area safe. Although, the defendant did not intent to hurt the victim, the duty of care (poor safety standards, poor handling of the firearm, etc.,) was breached and someone got hurt. Under Nevada law, it makes the defendant liable for the accident.
Who is Liable?
The gun owner. The owner of the firearm has a legal responsibility to keep the gun safe from a person who may use the firearm and accidentally hurt someone.
The property owner. The person or the corporation (apartment complex, hotel, retail store) that owns the property where accidental shooting took place, can also be hold responsible for failing to keep the area safe.
What Caused an Accident?
In some cases, accidental shooting in Las Vegas is drug-related or alcohol-related. In other cases it happens because of:
- Poor storage of the firearm
- Using firearms in a public place
- Failing to warn others
- Using a hunting rifle or shotgun in the wrong place
- Faulty handling of a gun
- Failing to lock the trigger
- Mechanical failure
- Defective firearm design
Accidental Shooting Claims
Accidental shooting that injured or caused the death of an innocent person is a devastating experience for all parties involved. Typically, in accidental shooting accidents, trauma and emergency doctors are involved; the victim needs high doses of medication and blood transfusion. Furthermore, plastic surgery is often necessary after the accident.
In most cases, the medical bills after the accidental shooting are very high. If you are a victim of accidental shooting and planning to file a lawsuit, call us at 702-432-1000 to speak with our Las Vegas personal injury lawyer who has experience handling accidental shooting lawsuits. We helped to a number of clients to get a fair compensation for their injuries, and pain and suffering.
Accidental Shooting: What to Do
First, of course, call 911 and get the injured person in a hospital right away.
Once the emergency is over, document how the accident it happened. Think, “How could I recreate what happened three or four years from now?”
You would want to know the following:
- When the accident happened
- Where were you
- What you were doing right before the shooting
- What did you see and hear right before and right after the shooting
- Did anyone else see or hear what happened
Next, document any business names, addresses, witness contact information, and the shooters information (if available). If you documented enough information to successfully recreate the events years after they happened - you have come a long way.
Finally, contact a personal injury lawyer who has experience handling accidental shooting cases.
Accidental Shooting When Children Involved
It is an unfortunate truth that sometimes victims of accidental gun accidents are children or teenagers. Often it happens because the firearms were not properly stored and children mistakenly thought that the gun is a toy.
Parents, who own a gun, have a duty of care to supervise their children and their visiting friends, but, unfortunately, it is not always the case. When parents breached their duty of care and the accident happened, the parents are liable.
Accidental shooting cases involving children are very complex and often only the jury can decide whose fault it is and the percentage of that fault. Read our article “Injuries to Children - Laws and Liability Claims”, where a personal injury lawyer explains legal cases when the children are injured.
Challenges to Accidental Shooting Legal Claims
- If the accident occurred at the commercial location, such as a gun store, apartment building or a hotel, then the official “Preservation Letter” must be sent within a few hours to the property owner to make sure no evidence is destroyed. If the letter wasn’t send - the evidence may not be preserved and without the evidence you have a weak case. Contact the personal injury lawyer at Heshmati & Associates to learn more.
- The maximum amount that insurance pays per accident is not high enough to cover all medical bills.
- Surveillance / camera footage is not available or destroyed.
Heshmati & Associates: Attorneys for Accidental Shooting
If you are a victim of accidental shooting, you need to hire a knowledgeable and resourceful personal injury lawyer to get you a fair compensation for everything you went through. While legal system can not undo the harm caused by the accident or bring the loved one who you lost in accidental shooting back, a good personal injury lawyer can get you a fair settlement that will compensate you for your medical bills, and pain and suffering. We invite you to contact our personal injury lawyer at 702-432-1000 for a free consultation and to discuss your case.
The time limit in accidental shooting cases is very important because, once the time limit has run, there is no longer a case against the shooter. The statute of limitations for all personal injury claims Nevada are two (2) years.
Our fee is on a contingency basis. This means that we do not take a fee until you receive compensation. You will not incur any legal fees or costs for our time and assistance unless we do our job and earn you a trial verdict or settlement. This way, we have every incentive to maximize your recovery.
We serve clients in Las Vegas, Summerlin, North Las Vegas, Henderson and the rest of Nevada.