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by The Stoddard Firm - June 24th, 2019
In theory, domestic abusers have been forbidden from owning firearms under federal law since 1996. Properly enforced, this simple safety measure has the potential to save thousands of innocent lives, without so much as inconveniencing those gun owners who have a history of basic human decency and level-headedness. Unfortunately, more than 20 years after its passage, the law remains fraught with loopholes and only haphazardly applied.
The restriction does not cover stalkers or abusive partners who have not lived with, married, or had children with their victims, for example, and even the most blatantly disqualifying crimes are often not reported to the background check databases used to determine weapon buyers’ eligibility.
Most deadly of all, however, is the failure of many states to enforce the law at all. In March, Georgia had the opportunity to end its legacy as a haven for gun-wielding abusers, through a bill that would have banned gun ownership for domestic abusers at the state level. In spite of being approved by the State Senate, the bill did not pass the Georgia General Assembly in March, leaving this deadly threat as unchecked as ever.
Domestic violence is almost never an isolated incident, and it’s an extremely accurate predictor of the danger someone poses to others in the future. One study by the Georgia Commission on Family Violence (GCFV), surveying murders committed by intimate partner stalkers, found that 95% of perpetrators had non-fatally assaulted their victims in the past, 74% had previously violated Temporary Protective Orders, and 71% used guns to kill their victims.
In other words, there were plenty of opportunities to prevent these deaths, by stripping a documented abuser of the weapon that would ultimately make the murder so quick and easy to perform.
The presence of a gun in a domestic abuse situation raises the likelihood of homicide by 500%, and that’s only the risk to the existing victims. People with a history of domestic abuse — and the violently controlling personality type that accompanies it — also account for more than half of mass shooters, making disarming them even more essential to public safety.
Even though Georgia’s state leadership has declined to take the necessary action to protect residents from armed domestic abusers, landlords still have a legal responsibility to protect tenants and guests from foreseeable dangers on their properties. Owners of apartment complexes and hotels in particular are in an ideal position to recognize cases of domestic violence before they result in loss of life, and are liable for failing to respond.
Although landlords do not have the authority to forbid gun ownership directly, they can help prevent violence by supporting victims, especially in their interactions with law enforcement, and by evicting tenants who threaten others and cause disturbances, without evicting the victims who live with them. They’re also required to allow victims of domestic violence to break leases without penalties in order to escape.
If a landlord you know has ignored or enabled a domestic abuser, and that abuser went on to shoot you or someone you love, contact The Stoddard Firm for a free consultation.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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