Month: September 2019

Being shot can be very traumatizing event. As a Miami shooting lawyer, it is something that I see more and more often these days, unfortunately. If you don’t believe me, a simple media search will get you multiple new incidents every week. Because of that, it is critical that you have a plan in place in the event that you are shot in Miami.

Here are some things you should keep in mind if you ever find yourself the victim of a shooting:

Get to a safe place and away from the threat as soon as possible

The first thing to worry about is your safety. If you are the victim of a shooting, the number one thing you need to do is survive. If you don’t look out for yourself, it is likely that no one else around you will be looking out for you under such a stressful situation. Make sure to maintain your situational awareness to the best of your ability, and try to get yourself to a safe place as soon as possible. Most shootings are not mass shootings where the shooter walks in with an intent to kill multiple people. Most shootings are robberies gone wrong, assaults on specific people, or accidents. Because of this, getting to a safe place will not be as daunting as it sounds.

If you are conscious and able call 911

The paramedics will take several minutes to respond, depending on where they are, so the quicker you call them the quicker they will be able to respond with lifesaving first aid. Many gunshot wounds can be devastating. Depending on the caliber and the amount of times you are shot you could be losing a lot of blood. That is why getting emergency medical aid as soon as possible is extremely critical. If no one calls 911, no medical aid may be forthcoming until it is too late. You should never assume that someone else has called 911. You should be the one to call, as soon as possible and provide them with any information they need to get to you as soon as possible. The earlier they can get to you, the higher your chances of survival.

If you are able, apply pressure to the wound to slow down the blood loss

If you have been shot in an extremity, like an arm or a leg, use your clothing to reduce the blood flow to the limb by using it as a tourniquet. Make sure to not apply so much pressure that you cut off all the blood flow to your limb.  Completely cutting of the blood supply to the limb for an extended period of time can cause your tissue to die off. While this is better than dying, it is not ideal if you can avoid it. You wouldn’t want to lose an arm or a leg if you could have survived with all your limbs by applying a bit less pressure.

Here is a great clip on making a makeshift tourniquet:

Tell the police the details of your shooting

Assuming you fell victim to a shooting while going about your lawful life and not while trying to rob a bank, it is critical that you share all the details of what happened with the police. The police will conduct an investigation that could lead to the criminal prosecution of the shooter. While that is only half of the justice equation when you’ve fallen victim to a shooting, it is a very important half. That is because the police investigation could assist your lawyer in getting you justice in the civil realm.

Call a Miami Shooting Lawyer

First off, I know what you’re thinking, what is a shooting lawyer? Is that a guy who kicks down doors and shoots my problems away? No, not exactly. A shooting lawyer is a lawyer that handles shooting injuries. If you’re in Miami you’d want to call a Miami shooting lawyer. This is because a Miami shooting lawyer would be most familiar with the court system in Miami, and also the way the different police departments operate.

But, why would you need a Miami shooting lawyer if you’ve fallen victim of a shooting in Miami?

Glad you asked. Most shootings are not only the fault of the person actually committing the shooting itself, but they are also the fault of the property owners in which the shooting took place. For example, let’s say you’re in a store in Miami minding your own business when a person comes in to rob the store. Let’s say the robber gets upset and shoots you, a customer, while the robbery is in progress. Chances are that this was not the first violent crime to happen at that store. Chances are that the owners of the store knew that this shooting was a real possibility. Chances are that they did nothing to help prevent or minimize the incident, even though they knew that it was reasonably expected to happen.

Under Florida law that means that the store-owner is responsible for your injury. That means that the store owner would be responsible for making you whole, which is the lawyer way of saying that they have to pay you enough money to make up for the physical, emotional, and financial losses that you suffered as a result of being a victim of a shooting in their store. Because that is what we call “civil law,” the police or prosecutors can’t help you with that. The only people who can help you with that are lawyers that handle these kinds of cases. That’s why after you’re safe, and followed every other tip in this list you should call a Miami shooting lawyer to help get your life back on track.

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Most people don’t think of hiring a gunshot victim lawyer while they are recovering from a shooting injury. This is because most people don’t know that if you’ve been shot through no fault of your own, you have rights and may be entitled to have the responsible parties compensate you for your injuries. While most of the time the person who shoots another does not have the money to make that person whole, there are usually other parties who are also at fault for a shooting incident.

A gunshot victim lawyer will tell you that the property owner may be responsible for your shooting injury

In Florida, property owners have a duty to keep their property in a reasonably safe condition. That means that they have a duty to make sure that people on their property do not fall victim to reasonably foreseeable acts of violence. Put simply, if you’re a property owner and you know that everyone around you is getting robbed, shot, and murdered, you have a responsibility to enact reasonable security measures to make sure that that doesn’t happen to the people that visit your property.

If you’re trespassing on someone else’s property you’ll likely not to have a right to compensation from the property owner

In Florida, whether you’re entitled to compensation from a property owner if you’re shot on the property depends on many factors. One of those factors is whether you were invited on the property, or whether you were trespassing. If you go onto someone else’s property without permission and are injured there, your ability to receive compensation is substantially diminished. In that case there may not be much that a gunshot victim lawyer can do for you. On the other hand, if you’re on the property under invitation, or for a legitimate business purpose (like buying something), then your ability to receive compensation will be much higher.

If you’re actively engaged in violent/illegal conduct at the time of the shooting you’re likely not to have a right to compensation from the property owner

If you were shot because you were trying to rob a store, trying to kill someone, or engaged in a drug trafficking operation that went wrong, you are likely not entitled to compensation. Not only are your legal options limited here, as they should be, but you’d also be hard pressed to find a competent gunshot victim lawyer to represent you in that case. Frankly, any lawyer that would take a case like that should be shot.

If you’re shot on public property, such as a the beach or a public roadway, you’re likely not going to have a right to compensation

The laws governing public property are slightly different from those governing private property. As such, your ability to get compensation if you’re shot on a city street, for example, is very limited. Also, in Florida there is something called sovereign immunity. Sovereign immunity is a law that protects public bodies like cities and counties from liability from certain wrongs. We could go in-depth here as to why if you’re shot on the street you’ll have a hard time recovering, but instead we’ll just leave it at that. Suffice it to say that the law in Florida in that respect makes it almost impossible for a gunshot victim lawyer to help you out.

If your injury is minor you’re likely not going to be compensated

The law compensates you for injuries caused as a result of someone else’s fault. The more severe the injury, the greater the recovery. Bringing a claim for compensation in the civil justice system is a long an expensive process. If your injury is not severe enough, the recovery will not be sufficient to justify the costs and time of litigation. As a result, if you have been shot but your injury is not severe, you should consider yourself lucky and move on with your life.

If you’ve been shot while on someone else’s property you should consider hiring a gunshot victim lawyer. These cases can be difficult to prosecute, and time is of the essence.

In the meantime, if you’d like to find out what a lawsuit for this kind of case is about, feel free to check out our post on the subject.

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