You may file a personal injury lawsuit for all sorts of accidents and injuries, even when the injuries are inflicted intentionally. Shootings are tragically commonplace today, and you might be injured in a terrible accident or as part of a violent crime. In either case, you can sue the person who hurt you for damages.
There is a good chance that a civil lawsuit for a shooting will overlap with criminal proceedings against the same defendant. This usually means that the civil lawsuit takes a backseat to the criminal trial, and you might have to wait before you get your day in court. However, you may also be integral to the criminal trial, and you could be called upon to testify. In your civil case, you may claim extensive damages for your injuries, medical bills, pain, and trauma. It is best to file your case soon, as time to do so may be running out.
For a free case evaluation, contact our South Carolina personal injury lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
Filing a Personal Injury Lawsuit After a Shooting
Shootings are often very serious criminal matters, but criminal courts are not the only way to get justice. You can sue the person who shot you in civil court to get fair financial compensation for your injuries. Exactly how you do this and what kind of compensation you may receive depends on your situation.
There is a strong chance that your case will overlap with a criminal investigation. Depending on how long criminal proceedings take to complete, your civil case might be put on hold for a while. However, this may work in your favor. Any evidence the police uncover in their investigation may be used to build your civil case.
You can sue for injuries, whether they were caused intentionally or by accident. In either situation, damages may be very high, as shootings tend to lead to severe injuries and emotional trauma for victims.
Damages You Can Claim in a Civil Case for Shooting Injuries in South Carolina
Shootings often lead to severe injuries that leave physical and mental scars. Talk to your attorney about what damages you can claim, as they may be quite extensive.
First, our South Carolina personal injury attorneys can calculate your economic damages for the things that cost you money. Perhaps the biggest cost is your medical expenses, which can be substantial when injuries are severe, complex, or come with serious medical complications.
Second, we should consider your non-economic damages, which account for subjective injuries that cannot be proven through evidence of cost. For example, you can claim the trauma, pain, and distress of the incident. Shootings are known to be extremely traumatic, especially when the shooting is an intentional act of violence, and these damages may be high.
Your case might be eligible for punitive damages, which are only awarded when defendants exhibit extremely outrageous or egregious behavior. More specifically, according to S.C. Code Ann. § 15-32-520(D), we must prove by “clear and convincing evidence” that the defendant caused your injuries through reckless, willful, or wanton conduct. Many shooting injuries may satisfy these legal criteria.
Are Shootings Always Criminal Cases?
While shooting incidents tend to lead to police investigations and news coverage, they are not always criminal matters. Sometimes, shootings are purely accidental, but that does not mean that the person who pulled the trigger cannot be held responsible.
Accidental shootings might not always lead to criminal charges. Criminal charges for violent crimes often require a certain level of intent. If the shooting was truly an accident, the shooter might not have had the intent necessary to be criminally charged.
However, shootings are extremely serious and are almost always investigated by the police. It might be some time until we know for sure whether the defendant will be criminally charged. In the meantime, we can prepare a civil case against them.
Remember, criminal and civil cases are entirely separate. If the defendant is found not guilty in criminal court, or they are not charged, you can still proceed with a civil case. You can even win the civil case regardless of what happens in criminal court.
When to File a Personal Injury Case for a Shooting in South Carolina
If you are injured in a shooting, your top priority should be to go to the hospital immediately after the shooting.
Once you have received treatment, contact our legal team for help getting fair compensation. We must file your case before the limitation period set by the statute of limitations closes. According to S.C. Code Ann. § 15-3-530(5), you may have 3 years to file the case. If we do not file within this time, you might never recover fair compensation.
Shootings can be unpredictable, and sometimes shooters flee the scene before the police can get there. They might even leave the state to try to avoid criminal charges. If this happens, we can have the statute of limitations tolled for the defendant’s absence, and you may have more time to file a civil case.
Under § 15-3-30, the time that the defendant spends outside South Carolina’s jurisdiction may not be counted toward the limitation period. However, we must do our due diligence to find them and try to bring them back within the state’s jurisdiction during this time.
Shooting Accidents You Can Sue For
Shooting accidents may happen under various circumstances, and you should always report shootings to the police and call an attorney for help.
Many shooting cases involve hunting accidents. While many people in South Carolina enjoy hunting, it is a dangerous sport, and things can go wrong quickly. You might be badly hurt by another hunter who negligently failed to check their surroundings before firing, and they should be held responsible.
Unfortunately, violent crimes are a common reason behind many shooting cases. While the shooter may be arrested and criminally charged, our team can help you take civil action to recover damages.
It is also possible that you were injured when a firearm was discharged by mistake. For example, someone might have been cleaning a gun without unloading it and accidentally shot you. While this might not be a crime, it is incredibly negligent, and the responsible person should pay for your damages.
Contact Our South Carolina Personal Injury Attorneys for Help Today
For a free case evaluation, contact our Columbia, SC personal injury lawyers by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000
