Negligent Firearm Discharge Lawyers Anderson Hemmat

Understanding Negligent Firearm Discharge Injuries

Not only are there physical injuries, but the emotional scars etched onto a person never leave. Families are often left to deal with the fallout of an accidental discharge they did not cause.

Many believe that if the shooter did not intend to cause the injury, the victim and the victim’s family are not entitled to compensation. This couldn’t be further from the truth. Someone is still liable even if the shooting was accidental. This may be the shooter, or this may be the owner of the property on which the shooting occurred, especially if the guns were not safely stored. If you or a family member have been injured or affected by an negligent shooting in Colorado, you may be entitled to compensation.

Accidental shootings can occur due to various reasons, including negligence, reckless behavior, or unforeseen circumstances. In Colorado, these incidents can lead to severe consequences, such as physical harm, emotional distress, and even death. Understanding the laws and regulations surrounding accidental shootings is crucial for preventing such incidents and seeking justice when they occur. Whether it’s a moment of carelessness or a mechanical malfunction, the impact on victims and their families can be devastating. By being informed and vigilant, we can work towards reducing the occurrence of these tragic events.

How Do Accidental Shootings Happen in Colorado?

In Colorado, there are a few common ways that accidental shootings tend to happen. A few of them include:

• When a person is cleaning a firearm in a condo, apartment, or home, and the gun discharges.

• When a person is shooting a gun into the air in celebration with no regard for adjacent persons or property.

• When a person is shooting a gun with the intent to scare or intimidate someone, whether firing in their general direction or not.

• When a person pulls the trigger of a gun for any reason other than its intended purpose, including attempting to pick up a gun and accidentally pulling the trigger, or dropping the gun causing a misfire.

Any of these examples would be considered negligent or reckless use of a firearm. Even mechanical malfunctions of the gun can be considered negligent because the owner did not maintain the firearm in good working condition. Such actions can also be classified as criminal negligence, which involves failing to perceive significant risks that lead to dangerous outcomes.

Accidental Shootings in Colorado - By the Numbers

In 2019, 34% of Coloradans own a gun. Out of a population of 5.7 million people, assuming one gun per owner, this means there are at least 1.9 million guns in the state at any given time. While we do not have the statistics, we can assume the number of guns in Colorado is at least slightly higher than this. Those who own a gun usually own more than one. Among gun owners, 74% possess two or more firearms.

Unintentional firearm injuries comprise 18% of all gun related injuries. Unfortunately, many accidental shooting deaths involve people under 24. The easy access to firearms in many homes significantly increases the risk of injury by gunshot.

In the United States, 4.6 million children live in homes with loaded and unlocked firearms. Most of these children know where their parents keep guns. As much as we would like to believe children are safe around guns, accidents involving children are not rare.

From 2008 to 2017, there were 342,439 firearm-related deaths in the US. These stats become even more sobering when you realize that there were another 870,000 non-fatal firearm injures. In 2016, 161,000 deaths in the U.S. were from unintentional gunfire. This was the 3rd highest cause of death that year.

Gun safety is an important issue that affects all of us. In Colorado particularly, with such high gun ownership, it is important to treat gun safety as such. Even if unintentional, the discharge of a firearm should not be dealt with lightly, especially if it resulted in injury.

Negligent Shooting Injury Claim FAQ’s

Accidental Shooting Laws and Regulations

In Colorado, accidental shootings are governed by various laws and regulations designed to prevent and penalize negligent behavior. One key statute is the Colorado Revised Statutes (CRS) 18-12-107.5, which defines the illegal discharge of a firearm. According to this statute, it is a Class 5 felony to knowingly or recklessly discharge a firearm into any dwelling, building, or motor vehicle occupied by any person. Additionally, CRS 18-12-106 addresses the prohibited use of weapons, which can result in a Class 2 misdemeanor charge. These laws underscore the seriousness of firearm safety and the legal consequences of failing to adhere to them.

Potential Claims as a Result of Unintentional Firearm Injuries

There are several claims a person can make as a result of injuries sustained as a result of an accidental shooting.

The first important consideration is whether the use of the firearm resulted in fatal or non-fatal injuries. If the injuries were non-fatal, then an injured party can bring a claim for personal injury. If the injuries were fatal, resulting in death, certain family members of the victim can bring a claim for wrongful death. In cases where the shooting results in death, the responsible party may also face severe criminal charges.

Other circumstances are also essential considerations. Frequently a claim against the shooter for negligence, often accompanied by a request for punitive damages, will be appropriate. Additionally, if the weapons were stored in an unsafe manner, a claim for premises liability may be brought against the owner of the property on which the shooting occurred. In some jurisdictions, the illegal discharge of a firearm can result in a class 5 felony, leading to serious legal consequences.

Even if no one was charged with a crime, another person’s behavior may have caused a loss for you - even if just emotional distress. You may be entitled to compensation and should consult with an attorney to determine what you are entitled to and what your next steps are.

What to Do After an Accidental Shooting

If you or a loved one is involved in an accidental shooting, taking immediate action is crucial to ensure safety and well-being. Here are some essential steps to follow:

1. Seek medical attention immediately if anyone is injured. Prompt medical care can be life-saving and is essential for documenting injuries.

2. Contact the police and report the incident. Law enforcement will need to investigate the scene and gather information.

3. Cooperate with the authorities and provide a detailed account of the incident. Honesty and transparency are vital during this process.

4. Document the scene, including taking photos and videos if possible. This evidence can be crucial for any legal proceedings.

5. Seek legal representation from an experienced accidental shooting attorney. A skilled lawyer can guide you through the legal process and help protect your rights.

Why Work with an Attorney?

At the end of the day, a shooting is a serious matter, even if no one is hurt and no property is damaged. Individuals must be held responsible for their firearms and must be deterred from being negligent or reckless in the future.

If you or a loved one has been injured or affected by an accidental shooting in Colorado, knowing what to do next in order to seek compensation can be confusing, frightening, and frustrating. Working with an attorney will help you to take the right steps necessary to get the compensation you deserve.

Specifically, working with an attorney in your case is important because:

1: Expert Insight Is A Necessity

Each state has different and unique gun laws. In cases involving a police officer, there may be additional legal considerations such as the statute of limitations and qualified immunity. Colorado is no different. Finding an attorney that has a high level of experience with Colorado gun laws is necessary to getting the compensation you deserve. You need someone who has been successful with accidental shooting cases that have resulted in injury and death.

2: Get the Compensation You Deserve

Attorneys know how defendants think and understand the loopholes many gun owners use to protect themselves from providing compensation to you. This allows us to work quickly, so you are not waiting for months and years for money to pay medical bills or further treatment. Without the help from an attorney, you may not be able to maximize compensation.

3: Resolve Your Case Quickly

Claims have statutes of limitations, or deadlines by which either a settlement has been reached or a lawsuit has been filed. For example, the statute of limitations for a wrongful death claim is two years from the date of death. This may sound like a long time, but paperwork can take ages, and you may be stuck playing the waiting game while dealing with injuries, the death of a loved one, or just everyday life. Waiting for the other party will only delay your compensation or may keep you from receiving anything. Working with an attorney gets the case started immediately and allows you to ensure that no matter how long the case takes, you remain eligible for compensation.

Choose Experienced Accidental Shooting Attorneys in Colorado

Being injured or losing a loved due to the careless use of a firearm can be painful. Nothing can replace the life of someone we care for, and nothing can replace health once irrevocably lost. All too often, accidental shootings leave victims and families living with injuries and trauma. Being disabled as a result of firearm injury or scarred from the event can create a lifetime of struggle.

No one should have to face this alone or without proper legal representation. If you have been affected by an negligent discharge of a weapon in Colorado, you deserve compensation and should settle for nothing less than the best legal team to represent you.

At Anderson Hemmat, we have over 25 years of experience helping victims of gun violence, accidental shootings, and gun related injuries seek justice and compensation for their losses. Our team of experienced Colorado Attorneys have the skills and resources to help you get the compensation you deserve for your pain and suffering.

Don't fight through this alone. You deserve the best legal help, along with a team that has empathy and understanding for the trauma you have endured and continue to endure.

If you or a loved one has been involved in an accidental shooting in Colorado, you should seek legal help immediately. Contact us today to speak with one of our Negligent Shooting Attorneys in a free case evaluation that will help you learn more about your case, figure out your next steps, and get the legal representation you deserve to pursue the compensation you need.

Contact a Negligent Discharge Injury Lawyer

If you or a loved one has been injured in an accidental shooting, seeking legal representation from an experienced negligent discharge injury lawyer is essential. A skilled attorney can help you navigate the complex legal process, ensure your rights are protected, and seek maximum compensation for your injuries and losses.

At Anderson Hemmat, our team of experienced accidental shooting attorneys has a proven track record of success in handling negligent shooting cases. We understand the emotional and financial toll that accidental shootings can take on individuals and families, and we are committed to providing compassionate and aggressive legal representation to our clients. Contact us today to schedule a free consultation and learn more about your legal options.