What Damages Can be Recovered in an Apartment Shooting Claim?
Many different types of damages can be claimed when a crime victim has been physically and emotionally injured by gun violence. Some damages will not be covered by insurance and must be paid out-of-pocket.
The costs and expenses that a crime victim may experience due to being shot depend on the extent of injuries sustained, the length of hospital stay, surgeries and follow up treatment, physical therapy, and other factors. Where the shooting occurred is one of the most important facts for determining whether a premises liability claim exists under Georgia law.
To successfully bring a claim, injured victims’ attorneys have to prove their case. Negligence claims require proof of several elements: duty, breach, causation, and harm. Some facts that are important to prove these elements include showing that:
- The victim had the legal right to be present in the apartment complex,
- The property owner or manager failed to keep the apartment complex safe by providing adequate security measures
- The failure by the property owner or manager allowed the shooting to happen
- The shooting victim suffered injuries and damages.
Expenses the shooting victim or their survivors can recover may include:
- Medical bills
- Lost wages
- Rehabilitation costs
- Funeral expenses in a wrongful death case
If an individual dies as a result of an apartment complex shooting, the victim’s family may hold the manager or property owner accountable through a wrongful death lawsuit. Although no amount of money can bring the deceased back, surviving family members can recover compensation for the value of the life of the deceased. In addition to funeral costs, other recovered expenses may include medical bills incurred before death, lost earnings, and damages for the pain and suffering experienced by the deceased before death.
Reaching out to an Atlanta shooting victim attorney and developing a strong attorney-client relationship may help victims as they decide whether to pursue a claim or not.
The Atlanta premises liability lawyers at Deitch + Rogers are passionate about fighting for crime victims’ rights. Schedule a free consultation today.
FAQs Asked by Apartment Shooting Victims
Common questions include the following:
What Should You Do If You Are a Victim of an Apartment Shooting?
Stay calm and assess the situation. You should not panic and risk your own life. The first thing you should do is to call the police. Make sure you give them as much information as possible about the shooting, including:
- Location of the incident
- Number of shots fired
- Number of shooters
- Whether there is still an active shooter
You should also ask for help from any nearby residents who might have a phone or car that can be used to call 911.
It is also important to find out if anyone else needs help in your building or if there are people who need medical attention outside your building. If other people require medical attention, call 911.
Do You Have Rights as an Apartment Shooting Victim?
Georgia law is not always clear about the rights of victims injured by gun violence in an apartment. However, property owners must ensure that the apartment complex is safe and may be expected to provide security such as security cameras or security patrols.
If there is known danger or generally dangerous conditions and the property owners have failed to keep the premises safe, you may have legal options if you are injured.
Is the Apartment Shooter Liable for Damages?
The shooter is liable for damages if they are negligent or reckless. The shooter could be negligent if they knew of the risk and disregarded it or if they acted in a way that showed a disregard for other people’s safety.
Deitch + Rogers has helped countless victims throughout Georgia pursue claims resulting from shootings, assaults, rapes, or other violent crimes occurring at apartment complexes or other properties with inadequate security.
If you or someone you know needs serious violent injury help after being a victim of an apartment shooting or other violent crime, contact us today or call us at (770) 394-9000 for a free consultation.
If the incident occurred due to insufficient security measures or the negligent property owner cut corners, they could be financially liable for damages. Contact an experienced attorney at Deitch + Rogers to find out.