Gunshot Injury Lawyer
Miami-Dade County, Florida
According to the Educational Fund to Stop Gun Violence, in 2019 alone there were 2,872 gun deaths in Florida. However, despite the prevalence of gun violence throughout Florida, and especially south Florida, property owners seldom have reasonable security measures in place to prevent these types of tragic incidents. When you go to a concert, the mall, a university, or a place of worship the last thing on your mind might be someone coming in with gun intent on hurting, but time and time again we see mass shootings happen in these types of places. Don't you deserve to feel safe and secure when you go about your daily life? Don't your children deserve to feel safe and secure while they are going to school or out playing?
Oftentimes people don’t think of hiring a lawyer while they are in the hospital still recovering from their gunshot wounds. You may have difficulty breathing, you may be unable to walk, you may be unable to use the restroom without aide, you may have loss the use of a limb, or even worse your loved one may have lost their life as a result of this shooting incident. The furthest thing from your mind may be contacting a lawyer that specializes in gunshot injuries. While the police are certainly there to help catch the person(s) that committed this heinous crime, don't you want an advocate that has a fiduciary duty to you. Someone that is focused on helping you recover from your gunshot wounds, while make sure that you preserve all your rights compensation. Many times gunshot victims and their families don't even know that they have a right to pursue civil claims, no matter the circumstances surrounding the shooting. Here are some common questions that our clients have for our top-rated gunshot lawyers.
What to do after I have been the victim of a shooting?
What to do if my loved one has been killed by shooting?
What are my rights to compensation?
Who is Responsible for my Gunshot Injuries?
Depending on the circumstances surrounding your shooting incident, the property owner where you were shot may be responsible for taking certain reasonable precautions to prevent your injuries. In Florida, property owners have a non-delegable duty to keep their property in a reasonably safe condition. That means that they have a duty to make sure that people on their property do not fall victim to reasonably foreseeable acts of violence. Put simply, a property owner in the State of Florida, has a responsibility to enact reasonable security measures to keep its visitors safe from known dangers. For example, a bar/nightclub owner that has had numerous prior fights, stabbings, or shootings inside their establishment, has a duty to hire security guards or take other reasonable measures to keep their patrons safe.
What are examples of Negligent Security By Property Owners?
Common types of negligent security include:
Lack of locks. Lack of controlled means of entry/exit. Lighting. Surveillance cameras (signage and monitoring). Lack of other equipment (call box, shotspooter). No security guards. No off-duty police. No policies/procedures. No risk assessment. No security survey. Lack of training. Unarmed. Not patroling correctly. Retain a company that is not doing a good job. Not following policies/procedures. Unlicensed or not up to date. Employees have prior issues that means they should not have been hired. Negligent hiring and supervision. Negligent retention.
Missing or broken cameras
Untrained security guards
What are the Three Types of People in Gunshot Injury Cases?
Trespassers: This one is simple: someone with no permission or legal right to be on the premises.
Examples: a burglar; someone hunting on land without permission; someone playing after hours on a secured construction site.
General rule: a premises owner/occupier is not liable to a trespasser who gets injured on the property.
Exception: The premises owner/occupier can be liable if he kills or seriously injures the trespasser through willful and wanton conduct which is not justified (e.g. rigging up a shotgun to fire at the door if someone opens it; setting a booby trap to injure trespassers. Generally, a person is justified in using deadly force if he has a reasonable belief that the trespasser seeks to cause imminent bodily harm. A premises owner/occupier may not inflict serious bodily injury or death simply to protect property (e.g. no shotgun traps or booby traps).
Licensees: A licensee, on the other hand, is someone who is allowed to be on the premises for his own benefit, and not to the benefit of the premises owner/occupier.
Examples: Utility company who digs up your yard to work on a county water main; a friend who stops by unannounced and enters the house; someone who has the owner’s permission to go onto a property to hunt for free.
General rule: The premises owner or occupier is liable to a licensee injured by a hazard on the property only if the owner (a) knows or has reason to know of the hazard, and should realize that it involves an unreasonable risk of harm to the licensee, and should expect the licensee will not discover or realize the danger; and (b) fails to exercise reasonable care to make the condition safe or to warn the licensee of the condition and risk involved.
Therefore, a licensee has a higher standard to meet in order to recover for injuries than does an invitee. This is a logical rule: since the premises owner/occupier gains no benefit from the licensee’s use of the property, the owner/occupier should not be put to as great a burden to protect a licensee as he would to protect an invitee.
Invitees: An invitee is someone whom a premises owner or occupier, by express or implied invitation, induces or leads to come upon his premises for any lawful purpose.
Examples: a friend you invite to your house; customers of a store or restaurant; hotel guests; residents of apartment complexes, and their guests; someone attending a movie or sporting event.
General rule: A premises owner or occupier is liable to invitees who are injured by a condition (a spill on a floor; faulty stairs; criminal attack by a third party) if the premises owner/occupier either knew about the hazard or should have known had they exercised reasonable care in inspecting and keeping the premises safe.
Exceptions: if the invitee knew about the hazard before he was injured, he cannot recover. Also, if the hazard was “open and obvious” (for example, large gaps in a stairwell railing which were plainly visible; or a large hole in the parking lot plainly visible in broad daylight), the invitee is barred from recovering. If the invitee had traversed the hazard before, he is presumed to have knowledge of it, and therefore cannot generally recover. If the invitee fails to exercise ordinary care for his own safety, he usually cannot recover—for example, making the decision to walk down a pitch-black stairwell when he cannot see what’s there.
Invitees comprise the broadest category of visitors to a premises and have the best chance to obtain compensation for their injuries. This is because invitees are owed the highest legal duty by the premises owner/occupier, who must exercise reasonable care to discover and prevent hazards that could hurt invitees. This higher duty is owed because the premises owner/occupier derives some benefit or potential benefit from having the invitee on the premises: a customer to a store is there to potentially buy things from the premises owner; a friend visiting someone’s home provides companionship; an apartment tenant pays rent.
Can I Sue the Property Owner for My Gunshot Injuries?
To sue a property owner for gunshot injuries you sustained while on their property, you need to prove that the shooting was foreseeable. Foreseeability is a legal concept that varies based on State law but determines whether a gunshot injury victim can pursue a claim against a property owner. Some of the factors to consider when determining if a shooting was foreseeable are:
A history of violent crime on the property
The overall crime rate for the surrounding area
Prior issues/disputes at the property with the shooter
High-profile shootings at similar properties (such as the Orlando Pulse Club shooting)
If security personnel noticed any suspicious behavior
Whether the property had safety measures in place like security guards, metal detectors, or surveillance cameras
Do I Have a Case if I Was Shot in a Parking Lot?
You may have a case if you were shot in a parking lot, as a property owner’s duty of care typically extends to their parking lot.
Whether your claim for gunshot injuries will be successful can depend on a myriad of factors. Our skilled shooting injury lawyers at The G Law, P.A., have the expertise and financial backing needed to ensure that your case is not taken for granted. They will make sure that no important detail is overlooked and focus on getting you the maximum compensation for your gunshot injuries.
To successfully pursue a claim for gunshot injuries sustained while in someone else’s parking lot, you must be able to prove:
The property owner had a duty of care to keep you safe in the parking lot.
The property owner failed to take reasonable steps to satisfy that duty.
The property owner’s failure in that duty proximately caused your injuries.
You suffered damages as a result of the shooting incident.
What is my Gunshot Injury Case Worth?
After suffering a gunshot injury, you are entitled to seek compensation from the negligent premises owner. This includes recovery for your economic and non-economic losses.
Medical bills you have already incurred
Costs of your future medical care
Any rehabilitation you may need
Any wages lost as a result of your injuries
Diminished earning capacity or disability
Pain and Suffering
Loss of companionship and comfort of a spouse
Reduced quality of life
It is not uncommon for gunshot injury cases to be worth six or seven figures. Contact our top-rated gunshot injury lawyers today for a free consultation. We will begin building the strongest possible case for your injuries.
How much do you charge in fees?
One of the biggest concerns people have when seeking an attorney to represent them, is the cost. With injury cases, many lawyers receive a percentage of whatever amount they can recover for the client as part of their compensation. Clients may also be responsible for additional case-related costs, such a filing fees, court reporter fees, and expert costs. For a shooting injury case we do not charge any fees or costs to the client, unless we are able obtain compensation for their injuries.
If you or someone you love has been hurt or has been killed in a shooting incident, you may have a claim for negligent security or premises liability. These cases are very complicated and can require proving several components of your case before you are entitled to compensation. An experienced shooting injury lawyer can help you investigate the claim, obtain police reports, surveillance footage, witness statements, and any other evidence needed to prove your case at trial. Contact our highly skilled Gunshot Injury Lawyers at the G Law Group, P.A. for a free consultation by clicking the link below or call us anytime at (305)-GUNSHOT.
It is important to contact a skilled gunshot injury attorney to discuss all your legal options if you or a loved one has been injured or was killed due to gun violence. At the G Law Group, P.A., our experienced Miami Gunshot Injury Lawyers are dedicated towards helping you every step of the way. After such a traumatizing event, the last thing you or your family should be worried about dealing with the insurance company or their lawyers. Let us take some of the stress and burden off your shoulders, contact us now for a free consultation by clicking the link below.