Our Atlanta personal injury attorneys at Ashby Thelen Lowry know that holding someone liable for shooting injuries in Georgia involves several legal steps and considerations.
The priority is to ensure your safety and health by seeking medical care immediately after the incident. Next, contact the police and file an official report. The police will investigate the shooting and gather evidence, which will be essential in determining who is liable for your injuries so we can help pursue the individual or parties responsible for your complete financial recovery.
How Do I Identify the Responsible Party After a Shooting Injury?
Depending on the circumstances surrounding the shooting, there may be more than one party who can be held liable for your injuries.
They may include:
- Shooter: The person who directly caused the injury by shooting.
- Property Owner: If the shooting occurred on someone else’s property, the property owner might be liable if they failed to provide adequate security or were negligent.
- Third Parties: Other individuals or entities might share liability, such as those who provided the shooter with the weapon or failed to prevent the shooting.
To hold someone liable for shooting injuries, you need to establish the following elements when negligence is the cause:
- Duty of Care: Prove that the defendant owed a duty of care to the victim. For example, property owners have a duty to maintain a safe environment.
- Breach of Duty: Show that the defendant breached this duty through negligent or reckless behavior.
- Causation: Demonstrate that the breach of duty directly caused the shooting injuries.
- Damages: Prove that the victim suffered actual damages—including medical bills, lost wages, pain, and suffering—as a result of the shooting.
If the act was intentional:
- Assault and Battery: If the shooting was intentional, you can file a claim for assault and battery.
- Intent: You must show that the shooter intended to cause harm or acted with reckless disregard for the victim’s safety.
- Negligent Security: If the shooting occurred on commercial property, such as a store or apartment complex, the property owner might be liable for failing to provide adequate security measures.
- Foreseeability: You must prove that the property owner knew or should have known about the risk of such an incident and failed to take appropriate steps to prevent it.
Our skilled Atlanta shooting death and injury attorneys will:
- Collect statements from any witnesses who saw the shooting or can provide information about the circumstances.
- Obtain any available video footage from security cameras.
- Request detailed records of all medical treatments and expenses related to the injuries.
- Partner with experts, such as forensic analysts or security professionals, to support your case.
We will thoroughly evaluate the facts of the case, gather evidence, and advise you on the best legal strategy by filing a civil lawsuit against the responsible party or parties. This lawsuit will seek compensation for medical expenses, lost wages, pain and suffering, and other damages through negotiations with the liable party’s insurance company or during litigation, if necessary.
The shooter may also face criminal charges separate from our civil lawsuit. While criminal proceedings can lead to penalties like imprisonment, they do not compensate the victim. However, a criminal conviction can strengthen your civil case.
Contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation. This initial step will ensure your rights are protected and enable you to make informed decisions about the direction of your claim.