The Lewiston, Maine, mass shooting on October 25, 2023, was the deadliest shooting in state history and has prompted support for greater gun controls in the state, as well as expanding the rights of victims and their families to recover compensation. Unfortunately, the potential new legislation comes too late for the victims of the Lewiston shooting.
Victims and their family members will likely find it challenging to recover sufficient compensation as current federal and state laws provide liability protections to gun manufacturers in these cases. At Claggett, Sykes & Garza, we are well aware of gun laws across the nation and how each tragedy affects the landscape.
Contact us today for a free consultation with a Glastonbury mass shooting lawyer to learn more about your options if you or a loved one were the victim of a mass shooting.
Protection of Lawful Commerce in Arms Act (PLCAA)
In 2005, Congress passed the Protection of Lawful Commerce in Arms Act, which created immunity for gun manufacturers from liability in cases where the weapons they make are used in crimes. While exceptions to this act do exist, it can be incredibly challenging to prove that they apply.
Showing that a gun manufacturer had reason to believe the weapon they sold to a customer was intended for use in a crime is not an easy task. Furthermore, these exceptions were negated by many state laws, including in Maine.
However, if signed into law, the proposed new legislation would allow gun violence victims and their families to sue gun manufacturers in accordance with the exceptions created in the PLCAA.
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Change in Law Would Come Too Late for Victims of Lewiston Mass Shooting
In the Lewiston shooting, 18 people were killed, and 13 were injured on October 25th. Unfortunately for these victims and their families, if signed into law, the proposed new legislation would only apply to future cases of gun violence.
Mass Shooting Victims Often Struggle to Recover Compensation
Unfortunately, although mass shooting victims and their families often face severe financial challenges, it can be incredibly difficult for them to recover compensation. In many cases, the shooter is the only party that can be held liable under the law. When the shooter is killed in or after the attack, their only option is to sue the shooter’s estate.
However, the damages inflicted on a single mass shooting victim often exceed the financial means of the shooter. This leaves victims with nowhere to turn for financial compensation, further compounding the damages they suffered as a result of the attack.
While Maine is not the only state looking to provide additional options for recovering damages to mass shooting victims and their families, securing fair compensation remains an uphill battle in most cases.
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Repealing the PLCAA
Many people argue that the only way to ensure mass shooting victims have access to fair compensation is by repealing the PLCAA and opening gun manufacturers up to personal injury and wrongful death lawsuits in these cases.
Proponents of repeal also argue that by allowing victims to hold gun manufacturers accountable in these cases, the makers of these weapons would be motivated to reduce the production and sale of their deadliest firearms, leading to a reduction in the number of people killed in mass shootings every year.
Unfortunately, the odds of the PLCAA being repealed anytime soon remain low. Because of this, mass shooting victims and their families will continue to struggle to get the money they need. However, for any future victims in Maine, the road to compensation may soon be a little less challenging.
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Hiring an Experienced Mass Shooting Attorney Can Prove Critical
Whether the road to compensation after a mass shooting becomes easier or not, your chances of recovering the money you need and deserve will certainly increase if you secure the services of an experienced Glastonbury wrong death lawyer.
Pursuing legal action after a mass shooting on your own is nearly guaranteed to yield unfavorable results. While pursuing compensation with a mass shooting lawyer by your side is still going to be challenging, you will at least be giving yourself the best chance of recovering the money you need.
An experienced attorney will explore all the options available and take every action they can to get you money for your damages. They will be aware of all the applicable laws and any exemptions they can potentially exploit on your behalf.
Reach Out to an Experienced Mass Shooting Lawyer Today
The earlier you hire an attorney after a mass shooting, the better your chances of recovering the money you deserve. These are challenging cases, and things often progress quickly. Allowing your lawyer to get to work on your case early can make all the difference. The team at Claggett, Sykes & Garza will ensure that no stone is left unturned in your case.
We will explore every option for recovering damages, and we are more than willing to take your case to trial if necessary. Contact us today by completing our online contact form, using our chat tool, or giving us a call to schedule your free case review. A member of our legal team will review your case, explain your legal options, and answer any questions you may have.
