Living in an apartment complex can be more affordable than buying a home, and there are various perks that come with apartment living. However, there are also additional dangers. Apartment shootings are unfortunately common throughout the Atlanta area, and it is often innocent bystanders who bear the brunt of the damage. An Atlanta apartment shooting lawyer can help if you or a loved one has been victimized by such an incident.
If someone is injured in an apartment shooting, the criminal justice process is likely to be involved. However, that fails to address the costs that victims suffer, such as their medical bills and the psychological impact. The state will handle criminal prosecution of the shooter, but the victims will need to pursue legal recourse on their own through the civil court system to recover compensation for their damages.
However, these victims may be able to seek some restitution by filing a premises liability claim, and an Atlanta apartment shooting lawyer may be able to help with that process. Premises liability laws in Georgia may implicate apartment building owners as liable for shootings when negligent security allows these incidents to occur. If you believe this may apply to your situation, you need to speak with the Merritt & Merritt Law Firm right away.
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These claims don’t involve seeking restitution directly from the shooter themselves. Instead, these claims are filed against the apartment complex under negligent security law, which requires that they provide sufficient security for their tenants at their complex. At Merritt & Merritt Law Firm, we help Atlanta apartment shooting victims seek fair compensation under these laws.
The costs covered in an Atlanta apartment shooting claim are outlined by personal injury law. These costs must be a direct result of the injuries that were suffered from the shooting, and if the claim goes to court, this will need to be proven. These costs are compensated through a couple of different forms of damages.
Economic damages address any costs from the shooting that have a clear financial component. In a shooting, this is likely to include medical bills. It could also be lost wages, as well, if the injuries prevented you from being able to work for any period of time.
Non-economic damages cover those issues without a direct financial component, which are generally the psychological and emotional costs. The frightening nature of a shooting can often lead to a significant psychological impact, in addition to the pain and suffering caused by any physical injuries.
If you or a family member was injured in an apartment shooting, you likely have grounds to seek compensation for economic damages such as property losses and medical expenses. You would also have grounds to seek compensation for pain and suffering; it is also possible to file a claim for emotional distress even if you did not sustain any tangible damages from the incident.
Liability in an Atlanta apartment shooting will typically fall to the landlord, owner of the property, or a management company. Determining fault can be one of the most challenging aspects of any personal injury claim, but the right attorney can provide the guidance you will need to complete this first crucial step of your case.
In order for one of these parties to be held liable, they must meet certain requirements. One of these is that the shooting would have to have been a foreseeable risk. They must have had good reason to suspect that it was possible for there to be a shooting. Property owners face liability for any damages that result from their failure to address foreseeable safety hazards on their properties, and this includes taking security measures if threats of violence exist in their area.
The liable party must have also failed to take reasonable precautions. This could mean a number of different issues, including failing to provide sufficient lighting, failing to have fencing or adequate locks, or even failing to have hired security.
Often, the question of liability will hinge on whether or not the defendant did enough in terms of precautionary measures or if they should have done more.
One of the stronger ways to prove that the defendant was insufficient in the security measures that they took is by demonstrating that measures formerly in place have either ceased, fallen into disrepair, or failed to work properly.
For instance, issues like a broken lock, fencing that’s fallen into disrepair, lighting that hasn’t been replaced, or even security that failed to intervene as they should have are all potential examples of negligent security.
Lastly, it needs to be demonstrated that proper security measures would have prevented your injuries. For instance, if two people who live in a nearby apartment get into an argument and someone fires a gun, and the bullet hits you after coming through the walls, it may be difficult to find anything that could have been done to prevent that.
The security measure that should have been taken needs to be reasonably seen as having a direct impact on the situation. For instance, if your injuries are the result of a shooter who shouldn’t have been in the building but was able to gain access as a result of a broken lock, then that could qualify as something that could have directly prevented the shooting.
Our job, as Atlanta apartment shooting lawyers, is to help victims of these kinds of shootings get fair and full compensation for costs they’ve incurred that should have been prevented. To start with, we will need to investigate the circumstances of the shooting to get an idea of what should have been done to prevent the shooting and who should have done it.
Once we’ve identified the properly liable party, there is often an attempt to first negotiate a settlement agreement that is fair and properly compensates you. This is often an option because it allows both sides to avoid the possibility that the court might make a ruling that’s not in their favor, and it can often be a quicker process.
If we are unable to secure an offer that is fair, we may need to seek proper compensation by taking the claim through litigation instead. We are always prepared to make your strongest case before the court if that is what is necessary to seek the restitution that you deserve.
Because premises liability issues, including negligent security, fall under the umbrella of personal injury claim law, most cases will be subject to a statute of limitations of two years. There could be a few exceptions in some rare cases, but it’s generally a good idea to contact a lawyer as soon as possible to ensure that you meet the deadline and don’t miss out on your opportunity to seek compensation.
A shooting is a scary situation, and sustaining injuries in a shooting can be particularly frightening. When this occurs at an apartment complex, there may be times when the management of the complex is to blame under premises liability and negligent security.
If this is the case, you may be able to get restitution covering costs like your medical bills and the psychological impact it has had on you.
A: The amount of compensation you can claim for an apartment shooting will depend on the severity of your damages. You have the right to claim compensation for economic losses like property damage and medical expenses, but you may also claim compensation for your pain and suffering. Your Atlanta apartment shooting can assess the total potential value of your claim.
A: In a Georgia personal injury case, pain and suffering can be calculated in various ways. There is no specific formula that a plaintiff needs to use to calculate pain and suffering, and this aspect of recovery is not limited in most personal injury cases under Georgia law. Your attorney can help you determine a suitable amount that reflects the level of physical pain, emotional distress, and diminished quality of life you have suffered because of the shooting in question.
A: Under premises liability law in Atlanta, a property owner is required to ensure that their property is reasonably safe for all lawful guests, visitors, and tenants. When it comes to apartment buildings, owners are required to ensure that only paying tenants are able to enter their buildings and gain access to individual units. Unfortunately, many fail to meet this obligation and can be held liable for resulting injuries from apartment shootings.
A: The cost to hire your apartment shooting lawyer will only be a percentage of your total case award if you choose the Merritt & Merritt Law Firm to represent you. We take all such cases on a contingency fee basis, meaning our fee is a percentage of whatever compensation we are able to recover for our client, and the client pays nothing if we are unable to secure a case award on their behalf for any reason.
At Merritt & Merritt Law Firm, you can find an Atlanta apartment shooting lawyer who is prepared to do whatever they can to seek fair compensation for your injuries.
For over 45 years, we have helped those who have been injured due to someone else’s negligence seek fair restitution. In many cases, we have managed to negotiate fair and full settlements for these clients, while in others, we have won them restitution in court.
Contact us if you have been injured in an apartment shooting.