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Accidental Shooting Wrongful Death Lawyer

Jason Turchin, Esq.

If you want to pursue a civil claim for compensation after a negligent shooting in Florida, our personal injury lawyers can file a lawsuit or insurance claim for the family. Accidental shootings can result in devastating and irreversible consequences. When a firearm is discharged unintentionally, especially by a juvenile, the tragedy may leave families searching for answers and accountability.

A recent news report described a fatal shooting in which a woman was killed after a juvenile allegedly discharged a firearm. Incidents like this raise difficult questions about firearm storage, supervision, and responsibility.

While criminal investigations may determine whether criminal charges apply, civil law may also allow injured victims or surviving family members to pursue compensation when negligence contributed to the incident.

If you lost a loved one or suffered injuries due to an accidental shooting, you may have legal options worth exploring. The Law Offices of Jason Turchin can represent families nationwide in wrongful death and negligence cases involving firearms.


accidental shooting wrongful death lawsuit

What Is an Accidental Shooting?

An accidental shooting generally refers to a firearm discharge that was not intended to harm someone. These incidents may occur when:

  • A firearm is handled improperly
  • A weapon is discharged unintentionally
  • A child gains access to an unsecured gun
  • Safety mechanisms fail
  • A firearm is mistakenly believed to be unloaded

Even when the discharge was unintentional, the consequences may be severe or fatal.


When a minor is involved in a shooting incident, investigators often examine whether the child had access to the firearm due to negligence.

Potential issues may include:

  • Failure to secure the firearm
  • Lack of safe storage practices
  • Inadequate supervision
  • Improper handling by adults
  • Accessibility of loaded weapons

Firearm safety guidelines generally recommend that guns be stored in locked containers with ammunition stored separately, particularly in homes where children may be present.


Example Accidental Shooting Scenarios

Each incident involves unique circumstances, but accidental shootings may occur in situations such as:

Child Finds Unsecured Firearm
A juvenile discovers a loaded firearm in a home and unintentionally discharges the weapon.

Firearm Mistakenly Believed to Be Unloaded
An individual handles a gun believing it is not loaded, leading to an accidental discharge.

Improper Handling During Demonstration
Someone attempts to show a firearm to others without verifying that the weapon is safe.

Each of these scenarios may raise different legal questions about responsibility and negligence.


Injuries Associated With Accidental Shootings

Gunshot injuries are often severe because firearms discharge projectiles at extremely high speeds.

Injuries may include:

  • Penetrating trauma
  • Internal bleeding
  • Organ damage
  • Brain injuries
  • Spinal cord injuries
  • Fatal injuries

Even survivors of gunshot wounds may face long-term medical challenges.


Civil Liability After an Accidental Shooting

Although criminal investigations focus on whether laws were broken, civil claims address financial responsibility for injuries or death.

Civil lawsuits may arise under legal theories such as:

Negligence

Allegations that someone failed to act with reasonable care in securing or handling a firearm.

Premises Liability

Claims that unsafe conditions on a property allowed access to a weapon.

Negligent Supervision

Arguments that a minor was not adequately supervised around firearms.

Wrongful Death

Claims brought by surviving family members after a fatal incident.

Each case depends on the facts surrounding the shooting.


Who May Be Responsible?

Several parties may potentially be involved in civil litigation following an accidental shooting.

Possible defendants may include:

  • Firearm owners
  • Parents or guardians
  • Property owners
  • Individuals who handled the firearm
  • Businesses responsible for unsafe firearm storage

Determining liability often requires detailed investigation.


Evidence That May Be Important in Shooting Cases

Civil cases involving firearms may rely on several forms of evidence, including:

  • Police investigation reports
  • Firearm ownership records
  • Witness statements
  • Photographs of the scene
  • Medical records
  • Ballistics analysis
  • Surveillance footage if available

Investigators may also examine whether safety devices such as gun locks were used.


The Role of Safe Storage Laws

Some states have laws addressing firearm storage when minors are present in a home.

These laws may require firearm owners to:

  • Use locked storage containers
  • Install trigger locks
  • Keep firearms inaccessible to children

Violations of safe storage laws may be relevant in civil lawsuits if a child gains access to a weapon.


Compensation in Accidental Shooting Cases

Depending on the circumstances of the incident, compensation in civil claims may include:

  • Medical expenses
  • Funeral and burial costs
  • Lost income
  • Pain and suffering
  • Emotional distress
  • Loss of companionship

Wrongful death cases often focus on the financial and emotional impact suffered by surviving family members.


What Families Should Do After a Fatal Shooting

Losing a loved one in an accidental shooting is a traumatic experience. Families may consider taking several steps in the aftermath of the incident.

  1. Cooperate with law enforcement investigations
  2. Obtain copies of police reports
  3. Preserve evidence related to the firearm and scene
  4. Keep records of medical and funeral expenses
  5. Document the impact on family members
  6. Consult legal counsel regarding potential claims

Careful documentation may help clarify the circumstances surrounding the incident.


How the Law Offices of Jason Turchin May Help

The Law Offices of Jason Turchin represents families nationwide in wrongful death and negligence cases involving accidental shootings. Jason Turchin is a top-rated personal injury lawyer who has an AV-Preeminent rating, 10.0 AVVO Superb rating, and an A+ BBB rating.

The firm handles cases on a contingency fee basis, meaning there are no fees or costs unless money is recovered.

The firm may help by:

  • Reviewing police investigation records
  • Investigating firearm storage practices
  • Consulting forensic and safety professionals
  • Identifying potentially responsible parties
  • Negotiating with insurers
  • Pursuing compensation through settlement or litigation when appropriate

Frequently Asked Questions (FAQs)

What qualifies as an accidental shooting?

An accidental shooting typically involves an unintentional firearm discharge that causes injury or death.

Can families file lawsuits after an accidental shooting?

In some cases, surviving family members may pursue wrongful death claims if negligence contributed to the incident.

Does a criminal case affect a civil lawsuit?

Criminal proceedings are separate from civil claims. A civil case focuses on financial responsibility for damages.

Can I file a civil claim in an accidental shooting if a juvenile was involved?

Courts may examine whether adults failed to properly secure or supervise access to firearms.

How long do families have to file a claim for an accidental death in Florida?

Deadlines vary by state, so speaking with a lawyer promptly may help protect legal rights.


Speak With a Wrongful Death Lawyer

If your family lost a loved one in an accidental shooting, you may have legal options worth exploring. The Law Offices of Jason Turchin can help review your situation and explain potential next steps.

📞 Call (800) 337-7755 for a free consultation. There are no fees or costs unless money is recovered.

Client Reviews

"Throughout the whole process until my settlement, they kept me informed, they were professional to deal with and explained the the process in detail. I would not only use the Law offices of Jason Turchin again but I would not hesitate to recommend them to anybody. Thank you for your service."

Ted M.

"I never had a problem reaching them or getting the answers I needed. They kept me well informed throughout my case, making sure that I understood what actions they were taking until the very end. Thank You, Jason Turchin and staff."

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"I had a great experience with this firm. The attorneys and staff are very knowledgeable and helpful. I highly recommend this firm."

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