Frequently Asked Questions About Hunting Accidents in West Virginia
Hunting in “Mountain State” West Virginia may be a long-established tradition in which a vast majority of families have at least one member who engages in the activity on a regular basis. It is also a dangerous sport that requires a heightened level of care and consciousness regarding the safety of others. Whether you hunt occasionally for enjoyment or participate in competitions frequently, you could become injured as a result of another’s careless actions.
At Akers Law Offices, we offer free initial consultations for all cases involving a hunting accident. Why? You may be entitled to compensation if you suffered injuries caused by accidental shooting, fall from a tree stand or other recreational injuries. Your ability to recover compensation will depend on the circumstances of your individual case, which is why you should contact us after any accident.
Below are answers to only a few FAQs about hunting accidents:
- Is a shooting accident a criminal or civil matter? The answer is both, depending on the circumstances. Civil and criminal courts are two separate legal systems. Criminal court is about justice and addresses the actions of the shooter to determine if he or she broke any criminal laws. Civil court is about equity and provides relief to victims who suffer harm as a result of negligent, but not necessarily criminal, actions.
- Do I need a criminal conviction to recover civil compensation? No, the person who shot you or a loved one does not need to be convicted of criminal charges for you to recover compensation. The timing of your civil filing could be a factor in situations involving criminal charges, which is why you should always consult an attorney as soon as possible to maximize the potential success of your case.
- Who pays the settlement or jury verdict? Accidents often occur involving people who know each other. This can make an injured person reluctant to seek help when they think they are suing a friend or family member. Home and casualty insurance covers liability for personal injuries, and in most cases, the insurance company pays. At Akers Law Offices, we are very sensitive to this issue. We are honest about your rights and the potential consequences.
- What if the accident occurred on public property? Government entities have a duty to keep public premises free of dangerous conditions. If your hunting accident occurred on public land, you can seek compensation but different legal rules may apply.
- I fell from a dangerous tree stand, does it matter whether the stand was a commercial product or DIY project? You may be able to recover compensation under both situations, but you want to make sure you sue the right person or entity and present sufficient evidence under the appropriate legal concepts, which is why experience does matter when you choose your attorney.
- What if I was trespassing? Property lines are not always clearly marked and you may become injured while on another’s property without their express consent. You may still be able to recover compensation. All property owners have a duty to keep their premises safe, even for potential trespassers.
Still Have Questions About Your Case? Call Us For Free.
We are always willing to help you understand your potential claim for compensation, which is why we offer free initial consultations. Call our office at 304-720-1422 or send us your information to schedule your meeting with our lawyer.