Suing for gunshot wounds can be tricky, but it can be done under the right circumstances. Naturally, if you are victim of a crime the assailant will be held responsible and restitution can be demanded. Criminal law demands a convicted shooter pay restitution for damages and injuries their victim incurred at the time the incident was perpetrated against them.
Keep in mind the attacker may not be able to pay much. It is possible the attacker will never pay you a dime. If the attacker can pay, but refuses, you can file a civil lawsuit for battery and receive compensation upon winning the case. If the shooter fires in self-defense, protecting themselves against you, the attacker, you obviously, will not be eligible to sue.
If on the other hand, if you are the victim and the shooter is an employed homeowner or otherwise responsible citizen, you may be able to sue him or her. If they are found to be negligent, you will be awarded some type of compensation. The negligence can be the result of poor judgment, drunkenness, a drug high, poor aim, or recklessness. Victims of shootings often sue after a hunting accident gone wrong.
Because gun fire often occurs within city limits, in celebration of events like the Fourth of July or New Year’s Eve, people tend to get shot accidentally. Shootings that occur because of this type of carelessness will end up in civil court when injuries result.
Suing a gun manufacturer is very difficult and limited. The only cause that’s taken seriously is a manufacturing malfunction. Only under circumstances such as these does a manufacturer stand a chance of being held liable for a shooting. Adding to the difficulty, are the liability limits now awarded to gun makers. As of 2005 and the passage of the Protection of Lawful Commerce in Arms Act, gun manufacturers can only be held liable for limited amounts. Since the passage of this law, Badger guns was sued for six million after their guns were used to shoot police officers and a gun store was sued for 2.2 million after selling a gun to a schizophrenic woman who shot and killed her father.
It is possible to win a case for damages incurred from a shooting, whether it is a crime or an accident. It is also possible to sue a gun manufacturer under certain circumstances, but all these situations require expert guidance and knowledge of the law. Contact a Detroit injury attorney and get the professional advice and help you need to fight your case. It’s important for an individual seeking to sue for a gunshot injury to have the best personal injury lawyer, someone with an excellent understanding of current gun laws.