Accidental shootings throughout Dallas have been on the rise, causing lawmakers and legal professionals like Zinda Law Group to amplify their advocacy for victims by seeking justice. This extremely traumatic experience can physically, emotionally, and financially wound a person, and no one should face the legal process alone. Our trusted accidental shooting attorneys in Dallas are here to support you.
With decades of experience as a personal injury lawyer in Dallas, our legal team can help you pursue the necessary justice through compensatory damages. If you or someone you love has sustained mild or catastrophic injuries as a result of an unintentional shooting, learn how we help survivors win their settlement.
Simplifying the Accidental Shooting Laws in Texas
Accidental shootings are categorized as personal injury cases under Texas law. In these situations, determining responsibility necessitates a detailed study of the shooting’s circumstances. It is essential to show that someone’s carelessness or negligence caused the firearm to accidentally discharge.
The Texas Penal Code 22.05 states that those who fail to use reasonable caution or poorly handle firearms may be held accountable for the results of an unintentional shooting. This covers unintentional discharges at home, in public areas, or while engaging in leisure activities. Studies show that the top circumstances in which accidental shootings occur are:
- Hunting
- Playing with a firearm
- Incorrectly handling a firearm due to believing that it isn’t loaded
While most accidental shootings end in injuries versus fatalities, there are cases in which fatalities have occurred due to an unintentional discharge. Our Dallas legal team advocates fiercely for the injured or killed in accidental shootings, regardless if someone else’s carelessness caused the shooting.
John (Jack) Zinda
Founder / CEO
Over 100 years of combined experience representing injured victims across the country.
Available 24 / 7|Free ConsultationYour Legal Options for Seeking Compensation for Accidental Shootings in Dallas:
More than 27,000 individuals visit hospital emergency rooms each year due to unintentional firearm accidents, and 500 people die from these types of injuries each year, according to information made public by the Centers for Disease Control and Prevention.
As a victim of an unintentional shooting, you may be eligible to file a lawsuit seeking compensation for the following damages:
- Pain and suffering
- Medical treatment, prescriptions, and devices or home/car modifications
- Lost wages, including future earning potential
- Diminished enjoyment or quality of life
- Loss of Consortium
- Paralysis or permanent disfigurement
- Emotional distress
- Property losses
- Punitive damages in rare instances
- Wrongful death
When pursuing economic damages or non-economic losses, keeping receipts for all your injury-related expenditures is vital. Our firm strives to accurately quantify all of your damages so that you can make a full financial recovery or afford care long-term.
Neil Solomon
Partner
Real results matter. We do not get paid unless we win your case.
Available 24 / 7|Free ConsultationHow To Hold a Gun Manufacturer Liable
If the gun operator didn’t act negligently while handling a firearm and the gun owner didn’t act negligently in allowing them access to it, then a court must look elsewhere if it is going to assign liability in an accidental shooting case. As mentioned previously, there is legislation that protects gun manufacturers in many types of cases, but they can still be held liable in certain circumstances if an injured party is able to establish one of the following three categories of liability.
Inadequate Warnings
In addition to making sure that a gun is manufactured properly and can operate smoothly, gun manufacturers also need to supply the proper warnings for any foreseeable dangers that a gun owner might face while operating their firearm. If the manufacturer fails to provide a warning for things like unloading a gun or disengaging a pin, then they could face liability if someone gets hurt while one of those things is happening.
Design Defects
Designs for some firearms may simply be unreasonably dangerous. If this is the case for the firearm that caused your injury, then there may be an argument your injury attorney can make that the firearm manufacturer is the party who is liable. Proving liability based on a design defect will often require a showing from expert testimony that there was a feasible alternative design that the gun manufacturer could and should have used to create a safer product.
Manufacturing Defects
Even when the design for a given firearm has no issues, there are many steps along the way during the manufacturing process where something can go wrong. In addition to being responsible to design a safe product, gun manufacturers are responsible to establish a reasonable manufacturing process that reliably leads to the production of safe and uniform components. When a stray piece of metal is introduced into a gun or a critical piece ends up missing, these mistakes can lead to liability for a producer.
Dallas accidental shooting lawyers will be able to analyze the facts of your case and determine whether a manufacturing defect or some other negligent party ultimately caused your injury. In short, it will take a professional investigation to determine who, if anyone, is liable for your injuries.
Jason Aldridge
Attorney
Standing by 24 hours a day, 7 days a week ready to answer in your time of need.
Available 24 / 7|Free ConsultationKey Considerations in Choosing the Best Accidental Shooting Attorney to Protect Your Rights
Finding an accidental shooting attorney nearest you may be a click away on the internet, but it requires serious deliberation to choose a law firm whose professionalism, legal knowledge, and dedication match what you need.
After suffering the tragic event of an unintentional shooting, you deserve compassion and trusted legal support that has extensive experience in the matter. A reputable legal counsel for your accidental shooting injury case will possess the qualities of an effective communicator and a detailed investigator who provides a tailored approach to your case. It is imperative to choose a firm that has the resources to hire experts like accident reconstructionists or vocational specialists to solidify your claim further.
Our law office possesses capable and determined unintentional shooting lawyers in Dallas that will diligently protect your rights and pursue the justice you deserve to the greatest extent.
Cole Gumm
Attorney
We are here to ensure you won’t have to face this difficult time alone.
Available 24 / 7|Free ConsultationHow Responsibility for Damages is Determined Following an Unintentional Shooting
Aside from what to do after an accidental shooting, finding out who is responsible for paying for damages is the immediate concern. Our accidental shooting attorneys near Dallas will investigate with the insurance company and police on your behalf, ensuring that all evidence is preserved and evaluated accurately to pinpoint the fault among the gun user, owner, or manufacturer.
Four essential components must be proven in order to prove negligence:
- Duty of Care: We must prove that the offender owed the victim a duty of care. For instance, it is the responsibility of a gun owner to handle their weapon responsibly and make sure it doesn’t damage anyone else.
- Breach of Duty: We must demonstrate that the responsible party’s duty of care was broken. This can involve negligent handling of the firearm, disregard for safety precautions, or carelessness when storing or securing the weapon.
- Causation: We must demonstrate that the violation of duty actually led to the accidental gunshot. This could entail looking into elements like poor equipment upkeep, defective maintenance, or disregard for safety regulations.
- Damages: Lastly, we must show that the unintentional shooting caused damages, which may include physical harm, psychological harm, medical costs, lost wages, and other connected losses.
Allow your Dallas injury attorney to seek expert opinions, gather witness statements, and compile evidence to create a compelling legal argument holding the negligent party accountable for their misconduct.
Navigating the Legal Process With an Accidental Shooter Lawyer in Dallas
Navigating the legal process without a Dallas accidental shooting attorney can be confusing and daunting. Having a qualified legal representative who understands what you are going through and has experience winning firearm negligence cases, wrongful death cases, and similar personal injury claims will put you in a great position to leverage a larger settlement.
The experienced attorneys of Zinda Law Group will assist you in filing a claim, completing the required paperwork, and taking other necessary steps for your case. With a top-rated Dallas personal injury firm on your side, you’ll have a specialist staff that is familiar with all the intricate rules pertaining to firearms and gun safety.
Contact us today when you are ready to pursue financial recovery from this tragic event.
Jason Aldridge
Attorney
We have successfully represented clients in a wide variety of cases across the country.
Available 24 / 7|Free Consultation
