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Can I Sue for an Accidental Shooting in Kansas?


    In Kansas, individuals injured in accidental shootings may have legal recourse to pursue compensation through civil litigation. Whether you can sue for an accidental shooting in Kansas depends on various factors, including the circumstances surrounding the incident, the parties involved, and applicable laws.

    If you’ve been injured in an accidental shooting, you may have grounds to file a personal injury lawsuit against the individual responsible for the shooting.

    Can I Sue for an Accidental Shooting in Kansas?

    The short answer to this question is “yes.” If you are a victim of an accidental shooting — or if a loved one died from an accidental gunshot wound — you can file a lawsuit and potentially receive compensation.

    The person who accidentally fired the weapon may be found guilty of violating statute 21-6308, which defines the criminal discharge of a firearm as the following:

    • Reckless and unauthorized firearm discharge

      • At a dwelling, building, or structure where a human being is present, whether or not the person discharging the firearm knows there is a human being present.
      • At a vehicle in which a human being is present, whether or not the person discharging the firearm knows there is a human being present.

    There are several other scenarios in which an individual who accidentally fired a weapon may be held liable, including these:

    • Negligence: If an individual accidentally shot someone else because they were being careless with a firearm, the injured party could sue for negligence.
    • Intentional Acts: If an individual intentionally shot another person, the shooter could be sued for battery.
    • Product Liability: If a person gets hurt because of a defective firearm or ammunition, they could file a product liability lawsuit against the manufacturer.
    • Premises Liability: If a person gets injured by a gunshot on someone else’s property, the property owner could be liable.
    • Wrongful Death: If a gunshot kills someone, that person’s family could bring a wrongful death lawsuit against the shooter.

    If any of these situations sound relevant, you should look into hiring a firearm injury attorney.

    What to Do After an Accidental Shooting

    You can build a stronger case for yourself if you begin collecting evidence as soon as possible after the accident has occurred. Here are three steps you can take to gather evidence and assist your attorney as they work to defend you in this situation:

    Collect Proof of Damages

    Save all the documentation related to your accident, including medical bills and statements of lost wages, and begin creating a paper trail. The more documentation you have on your side, the easier it is to show the extent of the damage caused by the shooting, which will make it easier for your attorney to build a case for why and how much you should be compensated.

    Talk to Witnesses

    If anyone witnessed the accident, ask them to draft a statement explaining what happened and what they saw or heard. Witness testimony can play an influential role in helping you win your case, especially when it comes to proving that you were not at fault and did not contribute to your injuries in any way.

    Take Photos and Videos

    It’s hard to argue with video or photographic evidence. That’s why you should take plenty of photos and videos documenting your injuries and your healing process.

    Look for video evidence as well. For example, ask for copies of security camera footage showing what happened the day of your accident or ask neighbors for video from their doorbell cameras.

    What to Look for in a Firearm Injury Attorney in Kansas

    A firearm injury attorney is a type of personal injury attorney who specializes in assisting people who are victims of shootings, including accidental shootings.

    Here are some tips to keep in mind when looking for a firearm injury attorney to represent you:

    Consider Their Credentials

    Make sure you’re working with an attorney who is licensed to practice in Kansas and is in good standing with the state bar association. You can use the Kansas Supreme Court Attorney Directory to find an attorney and check the status of their license.

    Evaluate Their Knowledge and Experience

    Look for an attorney who has experience handling accidental shooting cases. The more knowledge they have of state and federal gun laws, as well as navigating the courts in general, the better equipped they are to help you win your case and get fair compensation.

    Review Their Results

    Don’t just take an attorney’s word for it that they’re knowledgeable and experienced. Ask to see their results. Find out how many accidental shooting cases the attorney has won, as well as what kinds of settlements they have secured for past clients.

    Read Client Testimonials

    Pay attention to previous clients’ experiences, too. Review testimonials to get a sense of an attorney’s professionalism, competence, and personality. Take note of whether or not past clients say they would work with this attorney again or refer someone else to them.

    Ask About Fees and Fee Structure

    Finally, don’t forget to ask about the attorney’s fees and their fee structure (for example, do they work on a contingency basis, meaning they get paid after they settle your case?).

    Keep in mind that price should not be the be-all-and-end-all when choosing an attorney. Don’t sacrifice working with a skilled, experienced attorney in exchange for saving some money.

    Hire a Firearm Injury Attorney in Kansas Today

    A firearm in the wrong hands or one used at the wrong time can create a disastrous situation.

    If you or a loved one has been injured in an accidental shooting, you deserve to be represented by an experienced professional who understands Kansas gun laws and can help you get fair compensation.

    That’s where Palmer Law Group comes in. Jerry Palmer is familiar with handgun litigation and has secured many generous settlements for his clients.

    Do you want to learn more about what Palmer Law Group can do for you? Call us today at 888-972-9984 or contact us through our website to schedule a free consultation.