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Nashville Tennessee Personal Injury
Firearms Accidents
You Deserve Superior Personal Injury Representation!
A ttorneys at the Kevin Moore Personal Injury Law Firm help victims of Tennessee injuries receive just compensation for their losses. We're not just another law firm. We're not just any lawyers. We are highly experienced personal injury attorneys - that is what we do. We serve clients throughout Tennessee from our office Nashville.
If your injury is serious enough and your case is important enough to you then contact a lawyer. It is critical that you do the research to find a reputable, capable attorney. We believe our success in recovering large awards and settlements speaks for itself about the quality of our representation, quality that we refer to as the "Advantage of Experience."
This Website discusses our PI legal practice and our credentials, and it provides some general information on Nashville Tennessee Personal Injury Law. Every case is unique and deserves to be evaluated on its own merits. Please contact us for a free consultation before making a decision about representation. You will speak with Kevin Moore directly not a staff member.
Our Firm welcomes the challenges offered by difficult cases involving serious injuries and complex issues. We know how to fight opposing lawyers and the insurance companies and win. If you have been injured in a firearms accident due to the negligence of any other party, do not hesitate to call and talk to us. You should know that we often collect damages well beyond what the insurance companies offer. You deserve to know your valuable Legal Rights.
You Need An Attorney Who Specializes In Personal Injury (PI) Law
What you don't need is a lawyer who "also" practices PI cases. More and more, laws are being written that are only fully understood by those few lawyers who are highly competent in specific areas. Finding the "right lawyer", means a lawyer with substantial personal injury (PI, Workers Comp & SSD) knowledge and experience, is what you want when you need competent help. Lawyers should be selected for their expertise and experience in specific specialties of law. The "right lawyer" for your Personal Injury case is the person who has substantial experience handling a case very similar to yours, who can and will take action at once.
Kevin Moore and his Nashville Tennessee Personal Injury law firm is who you want and what you need!
Nashville & Tennessee Firearms Injuries
According to the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and the United States Center for Disease Control (CDC), the unintentional discharge of firearms injured 75,685 Americans and caused the deaths of 776 others in 2000. More than 40 percent of those injured in a gun accident every year are age 25 and younger.
Causes Of Firearms Injuries
Violence and suicide are responsible for many of these injuries and deaths. Some are hunting accidents. A significant percentage of cases involve gun owners who leave weapons loaded where children can get at them, or who are careless handling them -- the famous "I didn't know it was loaded." Occasionally, a weapon is defective and unreasonably dangerous due to errors in design or manufacture. And some wrongful shootings are caused by people who exercise their Second Amendment right to bear arms -- but don't bother to exercise the responsibility to get educated on how and when to use their firearms. Regardless of the cause, if there was negligence leading to your injury, then you have a case for a law suit.
Gun Accidents
Injuries resulting from the accidental or intentional discharge of pistols, rifles and guns are almost certain to be physically and emotionally devastating. Both accidental and intentional discharge of firearms can have unintended consequences. Unfortunately, not a day goes by anymore without our reading or hearing news reports of injuries and deaths resulting from the mishandling of guns. Personal injury lawyers, like Kevin Moore, now routinely represent plaintiffs in cases involving gun accidents.
Gun Accident Causes
Tragic gun accidents are frequently caused by misuse, inadequate supervision, and in other cases by defective design, manufacturing defects or other product malfunctions.
Juries have held manufacturers liable for the injuries resulting from their defective products and they have held parents responsible for failing to properly safeguard weapons under their custody and control.
As accidents related to guns have become more common over the years, negligence law and strict products liability law provide an avenue for personal injury plaintiffs to pursue a recovery.
If you were injured by the discharge of a gun, the chances are high that your injuries are severe.
You may be entitled to recover damages for the personal injuries that you have suffered, as well as damage to your property, your medical bills and your pain and suffering.
Your relatives may have a claim for the emotional distress that they have endured as a result of a gun accident as well.
Personal Injury Attorney Kevin Moore can help you to evaluate all your legal options following a gun mishap.
Please call us in Nashville at (615) 500-0716 or throughout Tennessee, Toll Free at (888) 452-3043 any time of day or night for a free consultation regarding your gun accident claim.
You can also Contact Kevin through this website.
Common Firearms Accident Cases
Some of the specific types of firearms accidents we have handled include:
- Accidents caused by gun owner negligence
- Accidents at firing ranges
- Accidents involving drug or alcohol use
- Hunting accidents
- Intentional shootings
- Accidents caused by design flaws or manufacturing defects
Injuries from Misuse or Defects
When looking at a firearm injury, one of the first questions to ask, and one that courts will ask, is how did it happen?
If the weapon involved was defective, then recovery may be possible under products liability law.
If the weapon was not defective, then it is necessary to turn to the laws governing negligence for recovery.
If the injury or death occurred through the use of a weapon that was not defective, recovery may be possible under a negligence tort.
To succeed in a negligence claim the injured person must show that the defendant (owner, shooter, seller, etc.) owed a duty to the injured person, that the duty was breached, and that the breach of the duty was the cause of the injury.
What Must be Proven for You to Receive Compensation
When determining whether the injured person was owed a duty, the court will look at several factors including the "foreseeability" of harm to the injured person and the degree of certainty that the plaintiff (the person bringing the claim) would suffer injury.
The courts will also look to see how close the connection was between the defendant's conduct and the plaintiff's injury.
Once it is established what, if any, duty was owed, the question becomes whether that duty was breached.
If it was, the defendant may be found negligent.
However, the fact that a defendant is negligent with respect to a weapon does not mean that the plaintiff automatically recovers.
The plaintiff must still show that the negligence caused the injury.
This is called causation.
As you can see, negligence is a complex law issue and it takes attorneys who are highly knowledgeable in this area of law to succeed in getting restitution for their clients.
In assessing the cause of the injury, the courts will also look at the conduct of the plaintiff and other parties involved in the incident. Thus, a plaintiff who is negligent and whose negligence contributes to his or her injury, will be required to bear some of the responsibility for the injury.
Cases involving negligence can range from obviously dangerous conduct, such as playing "quick draw" with a loaded weapon, accidental discharge of their weapon, shooting without being certain that innocent bystanders are not in the line of fire, to simply careless conduct such as loading a weapon without the safety on, or selling a weapon without having it thoroughly examined and test-fired. Less obvious are cases involving negligence in the sale, entrustment or storage of weapons.
Negligent Sales, Entrustment and Storage
When a Seller or Gun Owner May be Liable for Injury Caused By Another.
Negligent sales may occur when a sale is in violation of state or federal law or when there is a sale to purchasers who are intoxicated, mentally unstable, or who indicate that they are apt to misuse the weapon.
Giving physical possession of a weapon to a prospective purchaser before all the legal requirements for the sale are completed may also constitute a negligent sale.
Negligent entrustment cases are similar to negligent sale cases.
In both cases, the crux of the argument is that the defendant was negligent in allowing someone who the defendant knew (or had reason to know) was incompetent, inexperienced, or reckless, to have access to the gun.
Entrustment occurs when the gun is given to the person, the person is given permission to use it, or the defendant knows or has reason to know that the person will use it without permission.
Cases may also be based on negligent storage.
Negligent storage involves storing the weapon in such a way that it is likely to be misused.
The most common scenario in such cases involves guns left accessible to children, particularly small children who do not and cannot be expected to appreciate the danger posed by the weapon.
Negligent storage cases may be successful even if there is theft of a gun, if the theft was reasonably foreseeable.
In such cases, the courts will look at various factors, including how securely the weapon was stored.
Why Should I Hire A Firearms Injury Lawyer?
You are not required to hire a personal injury lawyer after any type of a Nashville or Tennessee accident or injury.
There is no legal requirement to hire any lawyer after any accident and firearms injury victims in Nashville and throughout Tennessee are allowed to process their cases on their own.
On the other hand, and especially with serious injuries, injuries that result in long term distress, or wrongful death claims, failing to hire the best Nashville firearm lawyer that you can find can be a terrible financial and personal mistake.
Personal injury law suits are a "one and done" prospect in almost every case.
There is no "do-over" if things do not go well.
Therefore, somebody who tries to handle an intentional injury case on their own, or with a less than competent or a passive, non-aggressive lawyer, and settles the case only to later determine that they could or should have received more compensation is usually out of luck.
They have lost their one opportunity to receive the full compensation of their current medical bills, the full recovery of future medical bills, complete reimbursement of lost wages because of the intentional injury, complete reimbursement of money for future lost wages that they will never earn because of the injury they suffered along with pain and suffering, loss of enjoyment of life, and inability to do life's daily activities because of the injury.
With Kevin at your side you will not lose your singular opportunity for a fair judgment.
Should I Sign The Insurance Paperwork After My Firearms Accident?
The insurance company is not on your side! It is not the purpose of the insurance company to be on your side. The insurance company is not paid to be on your side. Most insurance companies are publicly traded and those insurance companies have an obligation to their shareholders to make a profit.
Therefore, the documents that you may receive following a Nashville or Tennessee firearm injury case from an insurance company are probably not there to help you.
Those documents probably were not sent to you in order to make sure that your claim is protected.
This does not mean that the insurance company is being evil, nor does it mean that the documents that you were being presented with after a serious injury claim can never be filled out.
However, the reality is that filling out any document without making sure that a top Nashville/Tennessee personal injury lawyer has reviewed those documents and made sure that they are not to your detriment is a mistake.
Kevin has reviewed documents from just about every insurance company that covers personal injury and liability claims in the State of Tennessee.
Therefore, he knows the difference between legitimate questions, and questions that are purposely made to look legitimate when they are in fact intended to cause you problems.
More importantly, he knows the difference between documents that you are required to sign, and those which you are not required to sign.
It is important to make sure that you protect your own rights.
After a serious injury or wrongful death case, it is important that you find the best Tennessee personal injury lawyer that you can find that is the right fit for you to ensure that your rights are protected by somebody who is well trained in personal injury litigation.
You can call Kevin now or contact him through this website.
Should I Settle My Firearms Injury Case?
Sadly, many Nashville & Tennessee personal injury lawyers will focus on the fact that they will settle almost every case that they take.
The reason this is done so commonly is that most people do not want to go to trial.
Sometimes even the attorney doesn't feel competent enough to go to trial!
People who have been seriously injured often want to settle their case.
They want to get the compensation they're entitled to under the law.
They are trying to get what is fair. They are trying to get what is owed to them.
They are trying to get what they deserve for something they did not cause.
And, too often, they just want it over quickly - foregoing proper compensation.
Therefore, it is not the desire of many people to have go to trial.
Instead, if they can settle the case fairly that's what they frequently do.
Here is the "sad part": it is important to be very careful when looking for or finding a lawyer who will just promise to settle a case.
The insurance industry is extremely sophisticated.
They know who the top Nashville personal injury lawyers are.
More importantly, they know that the best Nashville car accident lawyers will take cases to trial if necessary.
The willingness to take cases to trial is what makes your settlement value greater for anybody represented by that lawyer.
If the insurance company knows that somebody is seriously injured but is represented by a lawyer who settles every case and refuses to take cases to trial, the insurance company has no incentive to make a fair offer.
They can continue to "low ball" the attorney and the injury victim until the trial gets close and the case gets settled.
Instead, what is important is to hire a lawyer who is willing to take cases to trial in Tennessee if a proper settlement cannot be reached.
Kevin is a Nashville area and Tennessee trial lawyer who is not afraid to fight for his clients against the insurance companies or in front of a jury and offers far more value to all of his clients.
You Need An Attorney Who Knows Tennessee Personal Injury Cases related to Firearms Accidents
Do Not Sign Any Insurance Release Claim Without a Legal Review
If you have already signed a release, all is not lost! We can and have successfully handled cases and had such releases nullified when it has been in our clients' interests. Release forms are not written to protect you - they are written to protect the insurance company and, when their clients are at fault, they are written to protect them. Call us and let us review your case and any release form before you sign it. Kevin offers free consultations to look over the facts of your case!
Your Insurance Agent Does Not Really Work For You!
You may be good friends with your insurance agent, we are with ours, but unlike attorneys who do have legal (fiduciary) responsibilities to their clients, most insurance agents are employees of their respective companies and they keep their employers' interests in mind for all cases. We do believe that the vast majority of insurance agents act with integrity but in Personal Injury circumstances you really do want your legal advocate to protect all of your interests.
Claims Are Not Limited To Insurance Coverage
Even though the party that injured you may have insurance there are many cases where the injuries and long term impacts go beyond their insurance coverage. There may also be second and third parties involved who share the legal and financial responsibilities. As your advocate Kevin investigates all avenues in getting you as much compensation for your personal injury as possible. Kevin has the knowledge and the resources to get you the compensation that you deserve.
Reasonable Expectations:
If your accident resulted from the negligence of another party, you should rightfully expect quality care, covering all of your injury related expenses, compensation for property loss or damage, and possibly entitled to compensation including monetary damages for pain and suffering, lost wages, loss of enjoyment of life and loss of earning capacity. These are reasonable expectations but all too often you end up having to fight individuals & insurance companies for your rightful compensation! You don't have to settle for what the Insurance Company proposes.
You may need a fighter by your side!
You may need a fighter by your side! Just when you are at your weakest you may have to fight! Insurance companies are notorious for denying claims, stalling appeals, and denying rightful or quality care and services. The insurance company's goal is to save money - not to assure you your rightful care and compensation. There are thousands and thousands of cases where, with the right lawyer representing amputations cases, that the insurance companies have their denials of services and claims denied by a Judge. The injured parties can win if they have the right attorney taking on the fight for them - not a firm that is distracted by other practices and is willing to settle for less!
At the Nashville Tennessee Personal Injury Law Firm of Kevin A. Moore, you can be assured that our Personal Injury legal team will listen to you with compassion and understanding. Attorney Kevin More is well qualified to have your medical records evaluated, communicate with your doctors and therapists and encourage you to follow the prescribed recommended therapies to make sure that you are getting everything you are entitled to under Tennessee PI law. If you are not getting what you are entitled to, Kevin is ready to fight the insurance companies for you at Mediations and, if necessary, at trial. With Kevin Moore as your attorney, you will have the best Nashville Tennessee PI lawyer in the State representing you!
Kevin Moore's Experience:
Kevin Moore has been aggressively practicing law and guiding and protecting his clients' interests since 1992. Kevin and his Firm have handled over 4,500 Personal Injury cases and a significant number of cases involving firearms accidents. No Nashville Tennessee attorney will do a better job in seeing that you get justice and compensation for your loss and injuries. Call us or contact us now. Our consultations are always free and you never pay a fee unless we win your case. In Nashville or State Wide the Nashville Tennessee PI Law Firm of Kevin A. Moore will be on your side and by your side.
We Are Here To Serve You, Not Ourselves
Our main marketing tool is taking care of the clients we have. We know that when we do a good job for you that the word will go out and our business will grow. Our culture revolves around client services. Our primary focus is to do excellent work for each and every client; to go all out and win the case. Building solid relationships with our clients and producing great results will translate into referrals helping our business grow.