While owning a gun is a given right, the ownership, use, and possession of a loaded weapon comes with responsibility and liability. Unfortunately, there are numerous injuries and fatalities each year due to the accidental discharge of a firearm.
If you or a loved one was injured due to the mishandling of a loaded weapon, it could prove beneficial to reach out to a Michigan firearm accident lawyer to discuss your legal options. When another person’s careless or reckless behavior results in your injuries, you should not have to cover the ensuing medical costs and lost wages alone. By retaining a skillful and dedicated attorney at Buckfire & Buckfire, P.C., you could have legal assistance with each step of the civil claims process.
Anyone who owns or is in possession of a firearm has a legal duty to use reason and prudence. This duty includes an obligation to only fire the weapon in places where it is legal and safe to do so. Furthermore, an individual must always safely handle the weapon, use proper trigger discipline, and muzzle discipline.
As a result, when a person mishandles a firearm and causes an accident, they could be held legally liable for any resulting injuries or deaths. However, to demonstrate fault, there are a series of legal elements that must be established, which could be explained by a well-versed Michigan firearm accident lawyer. These include:
- The gun owner or possessor (defendant) owed a duty of care to the plaintiff
- The defendant breached their duty—by acting recklessly, for example
- This breach of duty was the proximate cause of the plaintiff’s injury
- The injury lead to the plaintiff’s damages
According to Michigan Compiled Laws § 600.6301, there are multiple definitions for a personal injury, including physical harm, emotional trauma, and death. Under this legal definition, anyone who is injured as a result of an accidentally discharged firearm has legal rights to pursue compensation for their injuries. These might include:
- Pain and suffering
- Scarring and disfigurement
- Emotional trauma
- Payment of medical bills
- Lost income
- Loss of earning capability
- Property damage and loss
- Out-of-pocket expenses
For a claim, it is important that an injured individual calculate the full extent of their losses. Without doing so, a claim will not accurately reflect the value of their damages. Furthermore, if an individual dies as the result of a gun-related accident, the surviving family members could pursue a wrongful death claim with the help of a firearm accident attorney in Michigan.
Talk to a Seasoned Michigan Firearm Accident Attorney for Help
If you were injured as the result of another person’s mishandling of a loaded gun, consider reaching out to a Michigan firearm accident lawyer to discuss how to best proceed. Depending on the circumstances of your case, you might be able to pursue compensation for lost wages, medical bills, and other associated costs.
However, due to the time limits for filing an injury claim, it is advisable to begin working on a claim as soon as possible. To get started, call an attorney at Buckfire & Buckfire, P.C. today.
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