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Posted: 1/3/2012 7:51:52 PM EDT
[Last Edit: 1/5/2012 4:57:50 AM EDT by SShockwave]
Hey guys,

I wanted to post a new thread for one to let you guys know who were concerned that I'm doing well for the most part now over a month later. Wounds still show and there appears to be some nerve damage in my foot but other than that I can walk and got lucky that the shot was as low as it was. With that said I'm mainly making this point to get some objective input from the rest of you regarding my current situation. I'm putting this thread here as you guys are way more level headed and most of you are actual hunters so I'd hope to get a non-GD discussion.

EDITED: thanks everyone for your input on the questions I had asked. I have obtained the information that I was looking for and I appreciate all feedback given.
Link Posted: 1/4/2012 12:09:35 AM EDT
[Last Edit: 1/4/2012 12:18:02 AM EDT by EXPY37]
****Has the shooter's family offered any compensation or help of any significance??****

That in itself should tell you a LOT! It's probably a big part of your answer.

Some of your questions should be asked of an atty in addition to folks here.

How much do you value your relationship with the shooter's family?

Do they have any resources to pay anything worth opening this can of worms?

Sometimes it's best to fold them instead of playing them.

Can the family hurt you via your family, LE, your job or other ways?

How would YOUR family react to you going after the other family's resources?

How will the other family react?

Just a lot of common sense questions that should be obvious to you to make a decision ––remembering life isn't always fair with an equitable outcome.

Link Posted: 1/4/2012 12:23:15 AM EDT
[Last Edit: 1/4/2012 12:30:48 AM EDT by EXPY37]
Also remember that the underage kid my have shot you, he wasn't the cause of this accident.

It was his FATHER who enabled him and you'd likely have a nice potential lawsuit to go after him on a negligence related argument, unless it could be shown you knew he was underage W/O a licence, that you said you didn't know.

You might get some $$$ but not like the other consequences of doing it, long term, and it might not be worth making a big fuss, other than asking once for some compensation.

Link Posted: 1/4/2012 12:44:07 AM EDT
I would simply ask if they could pay any bills not covered by your health insurance provider. Take your dog out on a hunt before jumping to the conclusion that he is useless. Vet bill should be paid by them also. Pain and suffering really? From even extended family? I wish you the best and a full recovery.
Link Posted: 1/4/2012 2:16:33 AM EDT
Originally Posted By stocklx:
I would simply ask if they could pay any bills not covered by your health insurance provider. Take your dog out on a hunt before jumping to the conclusion that he is useless. Vet bill should be paid by them also. Pain and suffering really? From even extended family? I wish you the best and a full recovery.

this

Link Posted: 1/4/2012 3:08:51 AM EDT
[Last Edit: 1/4/2012 3:09:10 AM EDT by Papi4baby]
Originally Posted By EXPY37:
Also remember that the underage kid my have shot you, he wasn't the cause of this accident.

It was his FATHER who enabled him and you'd likely have a nice potential lawsuit to go after him on a negligence related argument, unless it could be shown you knew he was underage W/O a licence, that you said you didn't know.

You might get some $$$ but not like the other consequences of doing it, long term, and it might not be worth making a big fuss, other than asking once for some compensation.



BS.



Good luck OP, i see it going two ways.

-They agree to compensate you. (might keep them as family).

-They say no and you have to sue them. (no longer will be part of the family).




Link Posted: 1/4/2012 3:12:55 AM EDT
..glad to hear you and the pup are recovering..

your shooter and his Parents should have some liability insurance if they are home owners, they MAY have personal liability insurance,
but not all that common and not sure it would extend to the actions of a child.
Don the shooters age, who is responsible for their actions will be set by a court, There were criminal charges set against the shooter right?
I know it was an accident, but there should have been a case opened when you went to hospital with a gun shot wound...

I see a lot of Legal billing in your future, you are going to need a Lawyer...and trust me I choked before typing that;
unless the Parents come foward with a check and a Mea Culpa,,you will have to take them to court

good luck..
Chef
Link Posted: 1/4/2012 3:53:22 AM EDT
I think Im too young and in-experienced in such scenarios to give any sound advice. FWIW, in my eyes, the guy shot you and your dog. You did not shoot yourself. I would take whatever course necessary to go get my money back.

I think your on the noble end of the fence by asking the family prior to involving lawyers. However I fear nobility doesn't get you very far now-a-days. Without knowing any of the parties involved, I would assume they would agree, and then probably not follow through. Id have my lawyer on stand-by.




I remember reading your previous post. I just wanted to say Im VERY happy to hear you and your canine are making a hasty recovery, and that you two are alright. I wish you and yours the best in the new year and good luck with this mess.
Link Posted: 1/4/2012 4:16:48 AM EDT
[Last Edit: 1/4/2012 4:17:52 AM EDT by 50BMGslinger]
Issues involving liability and money will tear families apart. You can pursue it to attempt to recoup your financial losses, but I promise you it will destroy the relationship you have with them. Regardless of liability, people get really pissy when someone close to them holds them accountable for financial reasons. As stated previously, you can do it, but what will you be losing in the process?

ETA: Glad you're making a good recovery. Is there anything you wish you would've had with you at the time of the GSW?
Link Posted: 1/4/2012 4:37:49 AM EDT
Originally Posted By 50BMGslinger:
Issues involving liability and money will tear families apart. You can pursue it to attempt to recoup your financial losses, but I promise you it will destroy the relationship you have with them. Regardless of liability, people get really pissy when someone close to them holds them accountable for financial reasons. As stated previously, you can do it, but what will you be losing in the process?

ETA: Glad you're making a good recovery. Is there anything you wish you would've had with you at the time of the GSW?


+1. Depends on how much you want to keep them friendly. If they have never offered anything, without being asked, I doubt it will go well.
Link Posted: 1/4/2012 4:44:00 AM EDT
I think accidents happen, From what I have read (followed this since you first posted it) Nothing intentional was done here. Compensation should be offered by the family that caused this accident but personally I would not pursue a monetary compensation in a situation like this...If the family never made a offer to help you out I would just walk away from any and all ties to them and call it a learning experience...Sports all come with inherent dangers and Hunting is not exempt from this, I have been hunting my entire life and thankfully I have never been shot, But I know the chances are always present
Link Posted: 1/4/2012 5:28:34 AM EDT
Glad you are doing reasonably well considering what the outcome could have been.

Just a reminder to everyone out there to be cautious and give extra care when doing hunting or range work with folkes you
have not been around guns with in the past.
Link Posted: 1/4/2012 5:35:27 AM EDT
Family issues with money NEVER turn out good MOST the time

I would suggest a lawyer as well. If this goes to court, I assume {depending on the state} that you have to prove it was a negligent discharge. I don't know the laws when it comes to hunting. Is there a difference in an accident and neglect? One would assume that they family of the child SHOULD be responsible for the bills through their Ins. {If they have some}
Link Posted: 1/4/2012 6:25:08 AM EDT
[Last Edit: 1/4/2012 9:43:05 AM EDT by Bubbles]
Having been involved in one civil suit (and may it be my last), my first, second, and third strong suggestions are to work things out within the family if at all possible. If things deteriorate to the point lawyers become involved, there will be battle lines drawn and it will FUBAR relations for years.

Also, your medical insurance provider may very well go after the other family, especially if they can show he was negligent in allowing a minor to hunt w/o a license or having taken a hunter safety class, and if the other family isn't "judgement proof" - e.g. they have assets that can be attached such as real estate, investment accounts, etc.

At this time I would not ask for "pain and suffering", "mental anguish", etc. Leave that for the attorneys to fight over if it gets that far. I would only ask for out-of-pocket costs. As for recouping just "your" medical expenses if things end up in court, google SUBROGATION as your insurance company will want a piece of that action.
Link Posted: 1/4/2012 6:44:42 AM EDT
Unfortunately, you are going to have to sue to recoup your medical expenses, loss of wages, reimbursment for your hunting dog, potential future medical complications, problems and expenses, etc, etc.
Talk to the family and let them know that you are reluctantly going to have to lawer up to recover your financial losses. I don't think that it is realistic to think that you can settle without lawyers getting involved.
Will it cause a rift in the family? Who knows. The fact is that the shooting accident was not your fault. You deserve proper compensation. Get a lawyer.
Link Posted: 1/4/2012 8:21:07 AM EDT
[Last Edit: 1/4/2012 8:22:09 AM EDT by sschevy]
Reading most of the previous responses, not all of them but some of them, reminds me of why this country is going so off track...It amazes me how sue happy people get..... you should probably take up a safer pass time like ping pong or computer hunting games to avoid future injury and lawsuits.. all I can say is that I am glad I am not your family or friend
Link Posted: 1/4/2012 9:50:57 AM EDT
Typically, this is why you have to sign a release to hunt on others land, and why you must purchase insurance to have a hunting club, etc.. The owner of the property can be held liable. Not sure if you mentioned who owns the land, which is the entity typically held responsible. Anyhow, no matter what, this is an ugly lawsuit in the making. Plus, you may spend way more than you can realistically get back....

In all honesty, your medical costs should be covered by your health insurance. If you do not have health insurance, but you spend thousands on hunting, leases, hunting accessories, hunting dogs and other items, etc.,.. well, you just learned a very valuable lesson......

You can ask for monetary help, and you can sue if you think you should and want to open that can of worms.... But the best thing is to adapt to the current situation, get on with life, and even possibly get back to hunting soon, with your dog.
Link Posted: 1/4/2012 10:31:13 AM EDT
Did the young shooter actually fire TWICE, ie once at your dog, and a second shot at YOU?
Link Posted: 1/4/2012 10:42:31 AM EDT
Originally Posted By douglasmorris99:
..glad to hear you and the pup are recovering..

your shooter and his Parents should have some liability insurance if they are home owners, they MAY have personal liability insurance,
but not all that common and not sure it would extend to the actions of a child.
Don the shooters age, who is responsible for their actions will be set by a court, There were criminal charges set against the shooter right?
I know it was an accident, but there should have been a case opened when you went to hospital with a gun shot wound...

I see a lot of Legal billing in your future, you are going to need a Lawyer...and trust me I choked before typing that;
unless the Parents come foward with a check and a Mea Culpa,,you will have to take them to court

good luck..
Chef


I'm curious why you think there should have been criminal charges filed. The ER is required to notify Police if a gunshot victim comes in (at least in my state) and we will investigate the incident but if everyone involved gives the same story and it was accidental it is unlikely charges would be filed. It is possible to charge something like criminal recklessness with a deadly weapon (or whatever the equivalent is called in your state) but that would hinge heavily on the circumstances surrounding the discharge. The kid tripping and lighting off the gun is different than he was pointing it at people for kicks and accidentally lit it off.

From what was described I think criminal charges would be inappropriate and extremely unlikely. Civil liability would be the way to deal with this and I agree with most here, handling it out of court would be the way to go. That said, the father of the boy may understandably want to get something in writing saying that what he pays is, in essence, a settlement so that the situation is put to bed and no further legal action could take place from either side.

I sincerely hope the boy and his family step up and take care of the situation. If they fail to, then it is decision time.
Link Posted: 1/4/2012 10:47:01 AM EDT
Originally Posted By Fullpower:
Did the young shooter actually fire TWICE, ie once at your dog, and a second shot at YOU?


He posted in the earlier thread that it was one shot that hit both.

To the OP, glad you and your dog are recovering quickly. Personally, I'd have a conversation with the responsible parties and ask for compensation for your out-of-pocket. I would also not be shocked if your health insurance doesn't try and sue them (see below).

My wife scraped her heal on our storm door this summer. It was a pretty deep scratch (skin flap, all that jazz) and she hadn't had a tetanus shot in a while so we took her to the emergency room. A couple of weeks later we were contacted by our health insurance to get the info for the home owner where the accident happened. We told them it was our house and that should be that. Couple of weeks later they sent a letter and called again. I finally got a supervisor on the phone and said that I did not want my freaking insurance company to sue myself.
Link Posted: 1/4/2012 11:20:32 AM EDT
God so loved the world that he didn't send a lawyer.
Link Posted: 1/4/2012 7:05:48 PM EDT
These are tough questions. The only input I have is that I have never heard of anyone getting compensated for the pain and suffering of a pet.

I am wondering what you mean by the shooter being under age. Do you mean they are not a adult? Or legally to young to be in possession of a firearm in your state? Or?

Also wondering if you ever contacted the boot company and if they ever replied.
Link Posted: 1/4/2012 7:31:27 PM EDT
[Last Edit: 1/4/2012 7:36:10 PM EDT by gjg]
in texas i believe you could file a claim against the liability portion of his homeowners insurance (assuming they have any).....this is due to the fact that the gun falls under the "contents" portion of the policy and liability is attached.....

disclaimer.....i did not stay at a HI Express last nite.......
Link Posted: 1/4/2012 7:31:58 PM EDT
I know you may want to stay on good terms with the family but dont settle. Selling yourself short is the last thing you want to do. Go after them for everything you can short of criminal. You do not know what your injuries may cause later. I recieved a neck injury from a drunk driver. I had other injuries and didnt know about how bad my neck would be now. We settled out of court for chump change. Now I have to deal with pain and suffering for the rest of my life. It effects my family, job and quality of life. Taking pain meds and destroying my body. Not my choice or what I wanted. What I wouldnt give to have a normal life again.
Link Posted: 1/4/2012 7:38:33 PM EDT
I would bet that if the father of the boy that shot you has already notified his home owners insurance carrier and hopefully he has an umbrella liability policy in addition to homeowners. In my opinion, have a sit down about the incident and ask what their position is. If they shut you down, then file suit. Most likely it will be settled by their insurance carrier before it goes before a judge.

Oh, let your atty determine the amount based on all damages and losses. Be sure that your legal fees are thrown in the settlement.

Good luck!
-m-
Link Posted: 1/4/2012 7:43:16 PM EDT
In montana if they are home owners (the kids parents) they should have insurance (homeowners) to cover real expenses. One time a kid wad riding my dirt bike at our place and broke his leg our homeowners covered it.
Link Posted: 1/4/2012 7:51:51 PM EDT
Having gone through a similar situation, get a lawyer and let them handle it. I tried to do it myself in the beginning but between healing, getting work done from home, and therapy and check ups I was driving myself into the ground. My sister (an attorney) finally forced me to seek legal counsel and it made life much easier. They got me more money from their insurance than I could have even after they took their 1/3 cut.
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