If you are a victim of gun violence, physically or emotionally, call the Law Office of John M. Phillips. We can help! 904-444-4444. Our passion for this subject began with Jordan Davis. Read his story at www.justiceforjordan.com.
The United States is an unusually violent Country, compared to other OECD countries. The South region of the United States is by far the most violent region of the US. More guns (both legal and illegally obtained) in America is leading to more homicides.
You have the right to be in public, walk the streets, go shopping and do other things in a civil manner. You also have the right to be compensated when your liberty and emotional stability is affected by gun violence.
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Damages for mental injuries and emotional distress have long been compensable when accompanied by a physical wound. However, actions for intentional infliction of emotional distress based on tortuous conduct that does not result in a physical impact are less common.
Florida law may support such damages when a tortfeasor (tortfeasor n. a person who commits a tort (civil wrong), either intentionally or through negligence.) uses a gun either intentionally or recklessly and does not physically injure the plaintiff. For intentional conduct, the case is simple. Recovery for emotional distress can be proved under an assault theory. Reckless conduct or conduct done maliciously is a more complex case.
In 1950, the Florida Supreme Court handed down Kirksey v. Jernigan. In this case, the Court held that recovery for mental anguish and emotional distress is proper when the defendant acts wrongfully as to imply malice, or acts with reckless indifference to the rights of others. Although the case was based on a suit between a mother and an undertaker who took and embalmed the mother’s deceased daughter’s body without permission, this case is useful in prosecuting civil claims for the reckless use of firearms.
There is no doubt that pointing a firearm at person, intentionally discharging at a person or otherwise reckless use of a firearm around groups of people would be considered to be outrageous and utterly intolerable in today’s civilized society. Gun violence has been proven to cause severe emotional pain to the victims involved.
If the negligence of another party can be proved, the injured party may be entitled to monetary compensation from the party at fault. And oftentimes, insurance covers the loss.
You may be able to recover:
Diminution of Value of Property
Past Medical Expenses
Future Medical Expenses
Money Spent on Care and Treatment
Money Lost because of Injury
Compensation for Pain
Compensation for Disability
Compensation for Loss of Capacity for Enjoyment of Life
Compensation for Physical Impairment and Loss of Use
Compensation for Scarring or Disfigurement
Loss of Earnings / Wage Loss
Loss of Capacity to Earn
Damages to Spouse
Damages to Children
Get to a doctor and document your injuries. Not only does being proactive help your health, but insurance carriers and their lawyers always look to use evidence against you- how long you took to get to a doctor, what you complained about or didn’t complain about and they will comb through your records in painful detail. Go to the doctor, be honest and detailed.
Fill out any available accident reports and police reports. Ask for a copy. Then, call your insurance carrier and make a claim. Be careful what you say. All too often, injury victims will say they are “fine” or “not that bad” or otherwise be polite and that will haunt then if their injuries take a turn for the worse. The ER will only really tell you if you have broken bones or major issues, but go and be honest. Hospital emergency rooms tend to leave the bulging discs, herniated discs, shoulder tears and the like to later treating doctors.
Many of our clients are hurting, struggling and hoping they get better, but aren’t. You get one shot at recovery. Lawyers must make sure the insurance companies are acting fairly. John worked for eight years defending these claims for these companies and big businesses and could write a book about ways they use your desire to be fair and reasonable against you. He now solely works for injury victims like you.
While all lawyers are allowed to advertise and anyone can basically handle a personal injury case, only Board Certified Civil Trial Lawyers are allowed to identify themselves as an “expert” or as “specialist” in this area. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the area by the Supreme Court of Florida. It also means the lawyer is known for trials- pushing beyond low offers by defendants, passed a peer review and passed a tough exam. Most cases do not get that far, but it is good to have a lawyer with all of the tools in their arsenal.
Insurance carriers try to negotiate every dollar they can, because every $100 means millions in the end to their Board of Directors. Attorneys matter. Defendants and their carriers change their game plan when an experienced lawyer is involved. For that reason – and the misinformation by TV lawyers and referral services- is why people should select lawyers carefully. Also, make sure it is the lawyer who shows up to meet with you and not a mere investigator. You are haring a lawyer and deserve their time. Also, ask for sample closing costs. Some lawyers charge for faxes, phone calls, scanning, postage, “in house courier” charges and even interest in these charges.
Because of the economy, more lawyers are jumping into personal injury and should stick to what they know. Personal injury law requires knowledge about medical science and biomechanics (the forces on a body in a wreck or a fall) far greater and more specific than you’d think. The other side has doctors and millions on their side to say nothing is wrong or fight the claim.
We invite you to review our verdicts, our accolades and awards and what clients have to say about us and give us a call for a free consultation where our lawyers will sit down with you personally. John represents clients in Florida, Georgia and Alabama with passion and compassion. He can be emailed at firstname.lastname@example.org or call us at (904) 444-4444.