Accidental Shootings

Accidental Shooting AttorneyIf you or a loved one suffered serious injuries or death as a result of a shooting you should contact the Law Offices of Gary A Kessler who has the successful track record in “shooting cases.”  Did you know that many shootings are accidental in nature?

Our office over the years has successfully represented dozens of accidental shooting victims.  Many times children, teenagers or adults are playing with handguns at home thinking that the gun is not loaded, when in fact the gun is loaded.

In the case of an “accidental shooting”, it is important that the person (Plaintiff/victim) who is shot is visiting the home and is not the gun owner and that the owner of the gun is the owner of the home (or person living in or visiting the home)  and that the shooting was accidental (not intentional) in nature.  Most accidental shootings have occurred the following ways:

  • Horseplay and fooling around- A belief that the gun is not loaded
  • Drinking and playing with the gun at home
  • During a house party where a guest accidentally shoots the victim
  • The gun should have been “locked up”
  • Lack of security
  • Playing chicken with a friend thinking that you fired the gun far away from the victim, when in fact the shooter unintentionally/accidentally shot the victim

Even though homeowners insurance policies exclude intentional acts, it is important to contact an experienced lawyer such as the Law Offices of Gary A Kessler who will conduct a thorough investigation and obtain monetary compensation for you and your family in an accidental shooting case.  To receive compensation under the homeowners policy (commercial policy, umbrella policy) the incident must be proven to be “accidental” not intentional.

If you or a loved one is involved in an accidental shooting (death) incident:                

  • Seek medical attention for the victim immediately
  • Insist that a report is filed by the police department or Sheriff’s Department
  • Obtain essential information (i.e., name, address, insurance information, witness information of any and all persons involved in the accident)
  • Photograph the accident scene as well as all of the surrounding areas
  • Shut up!  Talk to no one about the accident other than you attorney, never to an insurance adjuster or insurance investigator.  Do not volunteer a statement to any insurance company
  • Sign absolutely nothing without consulting a lawyer
  • Seek medical attention immediately and keep a diary of your loved one’s recovery- Keep all receipts for all medical expenses and/or funeral bills and wage loss
  • Contact the Law Offices of Gary A Kessler or another experienced law firm to protect your rights and preserve the evidence!

In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death/accidental shooting lawsuit against the negligent party or parties.  In order to file a wrongful death/accidental shooting claim, you must be able to prove that you will experience future emotional and financial hardship because of the loss of a relative, family member or spouse.

The required elements for a successful wrongful death/accidental shooting case include:

  • The shooting was accidental;
  • Death of a person;
  • That death was caused by the negligence shooting of another;
  • There are surviving family members who are monetarily suffering due to that death;
  • Compensation for funeral services in the memory of the decedent and for the burial and disposition of the body;
  • Compensation for any and all medical expenses incurred;
  • Compensation for loss of support and future income;
  • Reimbursement for any future services normally provided to you by the decedent (i.e., person who died);
  • Reimbursement for any and all property damage;
  • Compensation for “loss of consortium” (i.e., love, companionship, comfort, affection, society, solace etc.);
  • There must be a personal representative appointed to bring the suit on behalf of the decedent’s estate.

Demand accountability from those responsible for the accidental shootings.  Many times the insurance companies will play “hardball” if you try to settle the case yourself or you have employed a lawyer who does not have the litigation experience to handle such a complex case,  We at the Law Offices of Gary A Kessler have twenty-five years of litigation experience and know how to handle the insurance companies to your advantage.  We are prepared to front all costs required for the necessary investigation and expert witnesses needed to prepare your case for trial.

The laws regarding accidental shooting cases are complex and include many facets of the law.  It is vital to surviving family members to seek the advice of an experienced accidental shooting lawyer such as Gary A Kessler at the Law Offices of Gary A Kessler to protect your rights and those of your loved ones.

The California accidental shooting attorney Gary A Kessler and the Law Offices of Gary A Kessler are compassionate and fully understand that you are attempting to cope with extreme grief and sorrow associated with the loss of a loved one.  The Law Offices of Gary A Kessler carefully selects its accidental shooting cases so that we may give you (the client) the substantial personal attention necessary to obtain a successful result for your accidental shooting case.

The Law Offices of Gary A Kessler is prepared to front all costs required for a  thorough investigation and expert witnesses to prepare for trial of your case.  As in all wrongful death and serious personal injury (accidental shooting) cases, we advance all legal costs to prepare and present our client’s claim, and receive for our services only a percentage of what we recover for our attorney fees on their behalf.  Upon settlement our costs shall be reimbursed to us from the gross recovery.  If there is no recovery, no attorneys fees or costs are owed to our firm.

Contact the Law Offices of Gary A Kessler immediately to protect your rights and to get for you and your family the best possible results attainable.

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Gary Kessler, California Personal Injury Lawyer Disclaimer: The California personal injury, wrongful death, swimming pool drowning, boating accident, dog bite, amusement park negligence, pedestrian accident, product liability, aviation accidents, or any other California legal information presented at this site should not be construed to be formal legal advice, nor the creation of a lawyer or attorney client relationship. The information contained herein is intended for information purposes only and should not be considered legal advice. All results described on this site were based on the individual facts of those said cases and are not indicative of future settlements. Results will differ from case to case. Please contact Gary A. Kessler, a California lawyer at our California law firm offices in Newport Beach or our San Francisco Bay Area office.

The Law Offices of Gary A. Kessler are licensed to practice in California, District of Columbia & Pennsylvania. Through local law firms with which we have associations, we are able to represent Personal Injury and Wrongful Death cases across the United States. Our associations allow us to represent clients"pro hac vice", meaning "for this particular occasion". In order to effectively and efficiently represent the client in these cases, we will employ the local law firms (at no additional cost to our client) to make routine court appearances and proceedings where it is necessary to assist our clients case.