Kansas City Firearm Injury Lawyers
Firearm Accident & Violence Cases in Missouri & Kansas
Firearm accidents and injuries happen every year. Whether as a result of defective manufacturing, poor design, or violent, homicidal acts, these incidents have devastating, life-altering consequences for victims and their families.
If you or a loved one is the victim of a firearm accident or act of violence, the amount of suffering you have been through can feel unbearable. At Shamberg, Johnson & Bergman, Chtd., we believe that you have seen enough injustice; our Kansas City firearm injury lawyers are prepared to help you take legal action and fight for the fair recovery you and your family are owed. We are prepared to take on the manufacturers and distributors of defective firearms and firearm accessories, as well as individuals who commit heinous acts of gun violence against innocent people.
To learn more about how our firm can help, please contact us at (816) 542-5999. Your consultation is completely free and confidential.
Types of Firearm Defects
In Missouri and Kansas, many people exercise their Second Amendment rights to “keep and bear arms.” The majority of gun owners are responsible, following safe firearms practices at all times. Unfortunately, accidents can—and do—still happen. Often, these accidents are the result of defects which cause firearms to malfunction.
Because firearms are not federally regulated, there is no federal agency that requires the manufacturers of defective firearms to issue recalls. While some manufacturers do issue their own recalls, they often fail to do so in a timely manner. In other cases, manufacturers issue unclear or poorly worded recalls—or fail to recall defect firearms whatsoever.
Examples of different types of firearm defects include:
- Hair triggers/sensitive triggers
- Guns that fire when dropped
- Incomplete or delayed discharges
- Barrel failure
- Cartridge extract failure
- Defective chamber indicators
- Faulty ammunition
- Defective safety/safety issues
Injuries caused by defective firearms can be catastrophic or even deadly, and liable manufacturers and distributors can be held accountable. Whether the defect was the result of a simple manufacturing mistake or purposeful practices meant to cut corners and increase profits, our Kansas City firearm defect lawyers are ready to fight for you and your recovery.
Civil Claims for Gun Violence
Criminal acts involving firearms often result in severe bodily injury or death. While those who commit these offenses face criminal prosecution and penalties, they can also be held civilly liable for the harm and damage they cause.
A civil firearm injury claim is a type of personal injury claim. The plaintiff (the injured individual or the family member of someone who was killed due to gun violence) seeks financial compensation from the at-fault party for the losses they have endured. This might include economic damages, such as medical expenses, lost income, and lost future earnings. It might also include non-economic damages, such as pain and suffering, emotional trauma, loss of companionship, loss of love and support, and more.
The process of filing a personal injury or wrongful death claim in the wake of a violent act is separate and distinct from any criminal proceedings that may (or may not) occur. Notably, the outcome of a criminal case does not necessarily have any bearing on the outcome of a civil lawsuit; it is possible to recover compensation in a civil lawsuit even if the alleged offender is acquitted or found not guilty of a crime.
Negligent Firearm Transactions
Since 2011, it has been unlawful in the state of Missouri to fraudulently purchase a firearm in certain situations, including:
- When the individual knowingly attempts to obtain a firearm from a licensed dealer or private seller and knows that doing so would violate state or federal law
- When the individual knowingly provides false information to a licensed dealer or private seller with the intent to deceive the dealer/seller regarding the legality of transferring the firearm
- Knowingly and willfully procures another individual to violate either of the above-outlined provisions (known as “straw purchasing” or “straw trafficking”)
While Kansas does not have specific state laws regarding gun trafficking, certain individuals are prohibited from owning, purchasing, or obtaining firearms under both state and federal laws. These individuals include those with a history of substance abuse/addiction, those with felony convictions, and others who do not meet state or federal age requirements.
Victims of firearm accidents and gun violence may be able to hold negligent dealers, sellers, straw purchasers, and others accountable when they can demonstrate that the firearm involved in the incident was purchased or obtained unlawfully. Straw purchasing and other negligent firearm transaction practices are dangerous and seriously undermine gun safety laws. Those who take part in driving illegal firearms to the market can and should be held accountable when their conduct results in serious injuries and loss of life.
At Shamberg, Johnson & Bergman, Chtd., we represent injured individuals and the families of those wrongfully killed in negligent firearms transaction cases. Our attorneys have extensive experience in this complex area of law and know how to effectively protect your rights. We are ready to advocate for you and the full, fair recovery you are owed.
How an Attorney Can Help
Whether you were severely injured due to a firearm defect or lost a loved one due to gun violence, the immense suffering you are facing is likely overwhelming. At Shamberg, Johnson & Bergman, Chtd., we strive to remove some of the stress from your shoulders. Our experienced trial lawyers are prepared to take on large manufacturers, individuals, and their defense teams on your behalf, allowing you to simply focus on what matters: healing.
Since 1949, our firm has been the trusted choice for personal injury representation in Kansas City and throughout the Midwest. We are proud to have built a solid reputation for excellence and success, and we also understand the importance of building equally solid relationships with our clients. When you turn to our team, you receive personalized attention and support every step of the way.