When hurt while hunting, victims may be able to sue at-fault parties, and our lawyers can identify who may be liable when overseeing your case in Texas.
When accidental misfires happen while hunting, the negligent firearm operator may be liable. If the misfire was due to defective production or design, the manufacturer could be liable. Though Texas limits private landowners’ liability for injuries sustained by hunters, it allows victims to sue for acting with gross negligence, malicious intent, or in bad faith. Compensation in your case could vary, depending on your damages and the defendant, and our lawyers can anticipate your likely recovery. We can refer to income statements to calculate lost wages, hospital bills to calculate medical damages, and mental health experts’ assessments of you to calculate deserved intangible damages.
For a free case assessment from the Texas personal injury lawyers at The Queenan Law Firm, call (817) 476-1797 today.
Who Can Victims Sue for Accidental Misfires While Hunting in Texas?
Accidental misfires or other shootings while hunting could be life-altering or fatal for victims. After suffering serious injuries, such victims may need compensation, which should come from the at-fault party.
For example, suppose another hunter mishandled their firearm, and it went off, injuring you. In that case, you could file a claim against them for negligence since their failure to hold and operate the firearm safely caused it to fire.
Misfires do not always happen because of operator negligence or recklessness and might occur due to equipment defects. Defective firearms could go off unexpectedly while hunting, injuring the owner or other hunters. In such instances, victims may have claims against firearm manufacturers, and our lawyers can help prepare and oversee such cases in Texas.
When suing for accidental misfires or other hunting accident injuries, victims must file their lawsuits within two years, according to Tex. Civ. Prac. & Rem. Code § 16.003. This is the likely statute of limitations for your case, regardless of whether the defendant is another hunter or equipment manufacturer. Not filing on time typically blocks victims from recovery, which we can avoid by prioritizing claims immediately after accidents.
Can Victims Sue Landowners for Hunting Accidents in Texas?
Whether or not victims may sue landowners for hunting accident injuries in Texas is complicated, and our lawyers can help determine fault in your case after reviewing it carefully.
Texas limits landowners’ liability for private use of their properties for recreational activities, like hunting, in § 75.002(c). Landowners don’t have to assure hunters permitted to hunt on their lands that their property is safe, nor do they owe hunters a greater duty of care than they would owe to a trespasser. Furthermore, landowners don’t bear liability for injuries caused by persons granted permission to use lands for recreational purposes. For example, if another hunter using the land misfires their firearm and you suffer a gunshot wound, you cannot sue the property owner for damages.
However, there are exceptions to landowners’ limited liability that hunters should be aware of. For example, acting with gross negligence, malicious intent, or in bad faith could open landowners up to hunting accident lawsuits, according to § 75.002(d).
Texas limits victims’ recoverable damages in lawsuits against private property owners who maintain liability insurance, according to § 75.004. In these instances, damages are typically limited to $500,000 per person, $1 million per accident for bodily injury or death, and $100,000 for property damage.
What Damages Should Victims Sue for After Hunting Accidents in Texas?
Damages from hunting incidents are typically great, and we can help maximize victims’ compensation by closely monitoring their damages and collecting proof of the various expenses they have incurred due to negligence or recklessness.
Emergency Medical Costs
The first set of damages to sue for is emergency medical costs. These could be great, as victims who sustain gunshot wounds may need urgent trauma care from paramedics and emergency surgery upon arriving at the hospital. Our San Antonio, TX personal injury lawyers can review all immediate medical damages and keep track of your initial hospital bills so that we can start to calculate your deserved compensation.
Ongoing Rehabilitative Care
When determining the cost of ongoing rehabilitative care, our attorneys may involve medical experts familiar with your specific injuries and the typical recovery timeline. This can support compensation requests for future medical damages you may not have incurred yet but expect to shortly. Ongoing care may include physical therapy, additional surgeries, and follow-up visits with physicians to monitor victims’ progress.
Lost Wages
Many injuries from hunting accidents, such as back injuries after falling from unstable tree stands, can prevent victims from immediately going back to work. We’ll refer to your recent wages to calculate your missed income, using expert statements to support our arguments that the accident substantially lowered your earning capacity, also entitling you to future lost wages.
When injured and seeking damages for lost wages, victims should not attempt to return too soon and against doctors’ advice. This could undermine requests for relief and raise questions about the severity of your injuries, so avoid this by following physicians’ orders as closely as possible.
Emotional Distress
When suffering from the emotional ramifications of hunting accidents, victims can seek compensation for their intangible damages. The injuries you sustained might reduce your quality of life and be physically painful, affecting your overall happiness for a considerable time. Victims can often document their pain and suffering by keeping journals or confiding in mental health experts who can testify to support compensation requests in court. Downplaying your pain and suffering could lead to an unfair recovery, so be candid with our attorneys about your difficulties since the accident.
Call Our Injury Lawyers to Discuss Your Texas Case Today
For a confidential and free case review from The Queenan Law Firm, call our Fort Worth personal injury lawyers at (817) 476-1797.