New Jersey Personal Injury Lawyers: Firearms Injuries
Your Rights after a Gun Injury
When you or someone you love has been injured because the discharge of a weapon, knowing that the perpetrator has been criminally prosecuted can go a long way toward giving you peace of mind. However, it won’t help you address any financial losses suffered as a result. You can take legal action to pursue full and fair compensation for any injuries received.
A claim for injuries sustained in a shooting incident can fall under a couple different legal theories. If the shooting was intentional, you can seek damages from the shooter for that wrongful act. To succeed in your claim, you need only show that the defendant intended to shoot you, and that you suffered injury as a result. Unfortunately, more often than not, the shooter may not have the resources to compensate you for all your losses. It may then be necessary to identify other potentially responsible parties, including gun dealers, or to make an argument that allows for coverage from an insurance carrier.
In most instances, a personal injury lawsuit involving a firearm injury is based on a claim of negligence. The principal theories used are:
- Negligent entrustment, where the owner of a gun entrusts it to another person when they knew or should have known that that person might misuse it, or might not employ the appropriate level of care while handling it
- Negligent storage, often used in situations where you or your loved one suffers injury when a child gets hold of a gun that has not been adequately secured or disarmed
- Negligent sale, typically involving gun dealers, as well as private sellers.
The gun dealer may have failed to run a proper background check, or had knowledge that the person buying the gun was a “straw purchaser,” who intended to resell the gun privately. A private seller may have had reason to believe that the gun would be used for illegal or improper purposes, or that the purchaser was likely to use the weapon to engage in some form of gun violence.
Contact Our Office
At the office of Harold J. Gerr, Attorney at Law, we have fought for the rights of personal injury victims in central New Jersey for more than four decades. We carefully choose the cases we handle, so that we can provide the highest levels of service and personal attention to each client. We are also happy to take over your case, if your first lawyer does not seem to have your best interests in mind.