Can You Sue for a Hunting Accident in Massachusetts?

Hunting can be a safe pastime when those partaking use reasonable caution and responsibly use their firearms. Otherwise, accidents could happen, injuring victims in Massachusetts.

Hunting accidents generally happen when tree stands fail or negligent hunters carelessly handle their firearms, resulting in accidental misfires. In these situations, victims can typically seek damages from liable parties, whom our attorneys can identify and prepare injury complaints against. We’ll do this soon after the injury so that there is no risk of you missing the filing deadline for your case. Recoverable damages in hunting accident lawsuits generally include medical bills, lost wages, and non-economic damages. These refer to intangible losses, such as for pain and suffering, which we can help quantify and prove for victims.

For help with your case from our Massachusetts personal injury lawyers, call Law Office of John J. Sheehan at (617) 925-6407.

Who Can You Sue for a Hunting Accident in Massachusetts?

Suppose you were recently hurt because of someone else’s negligent or reckless conduct while hunting in Massachusetts. In that case, our lawyers can help you seek compensation by filing a claim against the liable party. Identifying who this party is could be challenging depending on the accident’s circumstances, and our lawyers can assist you on this front.

For example, hunters often use tree stands to sit high atop the ground while hunting deer and other game. If improperly secured or poorly maintained, these tree stands might fail to hold a hunter’s weight, collapsing underneath them. Falls from tree stands could be devastating, resulting in traumatic brain injuries or spinal cord injuries. In Massachusetts, landowners are not liable for accidents when they allow recreational use of their property for hunting without charging a fee unless they show willful, wanton, or reckless conduct. Tree stand manufacturers could be liable if they make products that are defective from the get-go.

Other than falls, unintentional shootings due to negligence or recklessness are the most common types of hunting accidents. This could happen when another hunter mistakes a victim for game or, more likely, carelessly handles their firearm. Accidental misfires are a top cause of hunting accidents and injuries in Massachusetts. Following safety protocols and exercising reasonable caution at all times while hunting is paramount. Careless or negligent use of firearms is prohibited in Massachusetts because the risk of injury to other hunters is so high. Not having proper trigger discipline while hunting could lead to a shooting accident, as could carelessly cleaning or handling a firearm. Gun manufacturers could also be liable if firearms misfire because they are defective.

When Can You Sue for Hunting Accidents in Massachusetts?

Personal injury lawsuits, like those for hunting accidents, are held to a statute of limitations. Victims who do not bring their claims soon enough risk being barred from recovery.

According to Mass. Gen. Laws Ch. 260, § 2A, the deadline for your claim may fall three years from the accident’s date. During this time, our Boston personal injury lawyers will focus on preparing your case and preserving evidence so that we can file as quickly as possible. Delaying starting this process could unnecessarily push back your filing date and delay your recovery of compensatory damages.

The same statute of limitations applies to cases involving victims who died because of hunting accident injuries. Their personal representatives will be the plaintiffs in these claims, and their surviving spouse, children, or parents will recover any awarded damages.

What Compensation Can You Get if You Sue for a Hunting Accident in Massachusetts?

When our lawyers help you sue after a hunting accident, you may recover damages for all economic and non-economic damages you incurred because of another party’s recklessness or negligence.

Medical Bills

Spinal cord damage from falls off of tree stands, gunshot wounds from accidental fires, and other injuries from hunting accidents are often severe. Paramedics may need to transport victims to the hospital and provide treatment on the way. Upon their arrival at the emergency room, victims may need urgent trauma care, possibly involving surgery. While these initial expenses can be great, so can ongoing costs as victims continue to get care from specialists and rehabilitate. We can keep records of all medical treatments and their cost so that our requests for relief are accurate, and we can back them up with proof of damages.

Your injury may be severe enough to require years of physical therapy and follow-up visits with specialists, in which case our lawyers may have experts testify to your anticipated future medical expenses. This can help ensure you have the means to cover these costs when you incur them, potentially after the lawsuit ends.

Lost Wages

Recovering from a hunting accident may take many months. The physical and emotional trauma victims experience may prevent them from immediately returning to work. Complications associated with their injuries might permanently lower their earning capacity. Gunshot wounds are often life-altering for victims, regardless of the location of the injury. Our lawyers can assess your lost wages based on your previous income and have experts testify in court that you cannot return to work right now, if ever.

Pain and Suffering

The emotional consequences of hunting accidents can be severe. Gunshot wounds are traumatizing, as are other injuries victims could sustain due to another hunter’s negligence or an equipment manufacturer’s, such as falls from unstable tree stands. To help cope with mental anguish and emotional distress, victims may see mental health professionals who may also provide expert witness statements in court after evaluating them. Victims may have post-traumatic stress disorder, depression, anxiety, or general emotional distress after such accidents and these intangible damages are compensable. Though wanting to settle quickly after catastrophic hunting accidents is common, doing so too soon might end in unfair agreements for victims. We’ll ensure any proposed settlements cover your losses appropriately before advising you to accept so that you get the damages you’re due.

Call Our Lawyers for Help with Your Injury Claim Today

For a free case assessment from our Cambridge, MA personal injury lawyers, call Law Office of John J. Sheehan at (617) 925-6407.