Decatur Apartment Shooting Lawyer

Decatur Apartment Shooting Attorney

An apartment shooting can be a traumatic experience. Sometimes, this occurs in homes that should be safe and secure from intruders. The victims are often left with injuries that have steep medical costs and a significant psychological impact as well. While the criminal process will punish the crime, that doesn’t always address the costs the victim suffers. A Decatur apartment shooting lawyer may be able to help.

At Merritt & Merritt Law Firm, we believe in the importance of justice for victims who come to us needing help. We have been assisting the injured seek compensation for their injuries for nearly five decades.

For an Immediate Consultation call us at 404-975-1775

Our experience and 24-hour customer service give our clients an advantage in the effort to get compensation. We are dedicated to doing what is right for our clients, whether that is through negotiating a fair settlement or making their strongest case in court.

How Does Liability in a Decatur Apartment Shooting Work?

In many cases where there is liability, such as a car accident, it is the person who directly commits the act that causes the injury who is liable. In an apartment shooting, fault could be found because of negligent security, and liability is proven a little bit differently.

Under negligent security law, someone such as the apartment building owner, property manager, or other responsible party may be liable if they failed to take reasonable actions that could have prevented this shooting.

Proving this kind of liability requires the presence of several different components. One of these is that the possibility of the shooting should have been foreseeable. In other words, there should have been reasons to expect that there was a possibility of this kind of incident.

Normally, this is proven by demonstrating that there was a history of shootings or crime in the nearby neighborhoods and surrounding areas. In particular, if something similar occurred on the same premises, that would mean the risk is foreseeable.

In light of foreseeable risk, there is a legal responsibility for those in charge of the apartment property, whether the owner, a management company, or others, to take reasonable precautions to try and minimize the risk to the tenants of the apartments and their visitors.

What appropriate precautions are may be debated should the claim end up in court, but some common possibilities include having sufficient lighting, maintaining fences and locks, and even hiring private security.

Establishing a Claim for a Decatur Premises Liability & Negligent Security Case

It can be challenging to establish what kind of security measures should be expected in a given situation. One way is to compare what security measures are employed in apartment complexes with similar circumstances. The most common way is to demonstrate security measures that were once in place but are no longer in place.

Usually, security measures are no longer in place because they have fallen into disrepair and have not been properly maintained. In some cases, this means broken lights or locks that haven’t been replaced. In other situations, it includes a fence or security cameras that haven’t been repaired. Negligent security may also be involved if security guards were in place but failed to take steps to protect those in the apartments.

Lastly, it will need to be proven that whatever security measures should have been in place would have prevented the shooting from occurring. For instance, it will need to be demonstrated how a fixed lock would have stopped the shooter from gaining access to the building. Only in this context can the defendant be liable for having failed to provide those precautions.

Should I Settle a Claim or Go to Court?

Before a claim goes to court, there is often a period of time when the two parties may attempt to settle rather than go through with litigation. There are some real advantages to settling, which is why both parties may consider that as a valid option.

One advantage of settling a claim is that it avoids the risk that is involved with taking the claim to court. The court could rule in favor of either the defendant or the plaintiff, and it is impossible to be certain how the ruling will go.

Even the strongest of cases could end up with a ruling against your interests. For both parties, the certainty that a settlement provides may end up being more appealing than the risk of a trial.

Another potential benefit to settling a claim can be the element of time. It is not uncommon for the process of taking a claim through litigation to take several months and possibly even years before the plaintiff receives the funds they are seeking.

In a settlement, on the other hand, funds are distributed according to the settlement, which typically means they will be received within thirty days of when the agreement is finalized.

While a settlement may be a good option for those hoping to avoid the risk and time involved with litigation, it is important the settlement be one that is fair. Part of what makes working with a Decatur apartment shooting lawyer crucial is that we can help negotiate the strongest offer we can but are prepared to take the claim to court if that is going to be the only viable option to get that fair deal.

We Can Help If You Have Incurred Costs From a Decatur Apartment Shooting?

If you have been a victim of an apartment shooting, then you understand how frightening and costly it can be. The physical injuries can be significant, and the psychological costs can sometimes be just as impactful. While it can often be difficult to hold the shooter accountable for the costs you’ve incurred, it may be possible to hold apartment security responsible.

At Merritt & Merritt Law Firm, we work with those who have been injured in apartment shootings and seek compensation from those who could have prevented it. We have been assisting clients injured from negligence since 1973, and that experience benefits our clients today.

If you are wondering if you may be able to seek restitution after an apartment shooting, contact us today.