Representation in the Aftermath of Gun Tragedies
Our firm has played a central role in litigation following some of the most devastating mass shootings in recent history. Podhurst Orseck has represented victims’ families in several significant lawsuits following the Marjory Stoneman Douglas High School shooting.
Most significantly, Podhurst Orseck attorneys secured $127.5 million in an Federal Tort Claims Act (FTCA) case arising out of the mass shooting at Marjory Stoneman Douglas High School. At that time, this was the largest settlement against the federal government in the history of the United States. In pursuit of justice for the Parkland families, Podhurst lawyers developed a strategy to hold the federal government responsible for the negligence of the FBI, which had received several detailed tips about the shooter prior to the accident and failed to initiate an investigation.
Who’s Liable for a Mass Shooting?
Determining liability in a mass shooting case requires a broad and strategic legal approach. We evaluate every potential contributing party:
School Districts & Law Enforcement
In some cases, failures by school officials or responding officers may create liability. Delays in police response, lack of emergency preparedness, or ignored warning signs can contribute to preventable deaths.
Property Owners and Event Organizers
When shootings occur at large public events, hotels, or concert venues, inadequate security measures and negligent planning may be contributing factors.
At Podhurst Orseck, we dig deep to identify every liable party and aggressively pursue justice through all available legal channels.
Injuries & Losses in Mass Shootings
The injuries sustained in mass shootings are often catastrophic, and the emotional toll can be lifelong.
- Fatal Injuries: Mass shootings tragically cut lives short and leave families devastated. Our attorneys pursue wrongful death claims to hold perpetrators and enablers financially and legally responsible.
- Psychological Trauma and PTSD: Survivors and witnesses often suffer lasting psychological harm. Claims may cover therapy, medication, and long-term mental health care.
Physical Injuries: Survivors may suffer gunshot wounds, paralysis, or devastating spinal cord injuries, traumatic brain injuries (TBI), or even severe burns or nerve damage. These injuries carry long-term consequences and demands comprehensive legal and medical attention.
Speaking for Victims & Fighting for Survivors Through Mass Shooting Litigation
Real Results. Respected Worldwide.
Few law firms have our level of experience with mass shooting and gun liability cases. We understand the profound human cost of these tragedies and fight tirelessly to ensure your story is heard and justice is served.
Our firm’s commitment to legal excellence ensures that Podhurst Orseck clients receive the representation they need during challenging times.
Explore More Of Our Landmark CasesInsurance, Immunity & Legal Barriers in Mass Shooting Cases
In mass shooting lawsuits, legal accountability often collides with systemic legal barriers—especially when public schools, police departments, or government agencies are involved. Understanding how insurance coverage, sovereign immunity, and legal strategy interact is critical to building a strong claim.
Liability Insurance in Mass Shooting Claims
Most public and private schools, colleges, and event venues carry liability insurance that may cover injuries and deaths resulting from mass shootings. These policies often include coverage for:
- Negligent Security or Supervision
- Mental Health Oversight Failures
- Third-Party Criminal Acts
Liability insurance can provide essential financial recovery to victims and families, especially when public entities or insolvent defendants are involved. However, insurance carriers may dispute coverage or attempt to minimize payouts, making it crucial to work with attorneys who can interpret complex policy language and negotiate aggressively.
Governmental Immunity for Public Schools & Law Enforcement
Sovereign immunity laws protect public schools, government agencies, and law enforcement from being sued in many cases, even when failures or negligence may have contributed to the shooting. In some states, courts have held that public schools and their employees are immune from lawsuits stemming from school shootings.
However, this immunity is not absolute. Our attorneys challenge it by arguing:
- Gross negligence or willful misconduct
- Violations of constitutional rights, such as due process or equal protection
- Failure to act on credible threats or prevent foreseeable harm
Legal arguments often focus on how deeply the school, law enforcement, or federal agencies failed to protect students and staff. We pursue claims under state law and, when warranted, under the Federal Tort Claims Act (FTCA) or Section 1983 civil rights litigation.
Private Schools & Universities
Unlike public institutions, private schools and universities are not protected by governmental immunity, making them more directly accountable in civil lawsuits. Families frequently file wrongful death or negligence claims against private entities for:
- Lack of threat assessment or mental health intervention
- Failure to implement adequate safety protocols
- Negligent hiring or supervision of faculty/staff
Without sovereign immunity defenses, private institutions often settle or face trial, creating stronger opportunities for justice and institutional reform.
+1(305) 358-2800Compensation in Mass Shooting Lawsuits
The civil justice system allows survivors and victims’ families to seek meaningful financial recovery. At Podhurst Orseck, we pursue every available category of damages.
- Wrongful Death Damages: These claims can cover funeral and burial costs, lost future earnings, and emotional loss. Our attorneys provide compassionate, steady support during this devastating time.
- Medical Costs and Ongoing Treatment: We seek full compensation for emergency treatment, surgeries, hospital stays, rehabilitation, and ongoing care.
- Emotional Distress and Pain: The trauma of surviving a mass shooting or losing a loved one in such a horrific way can lead to chronic pain, grief, and mental anguish. We fight for compensation that reflects the true toll of the tragedy.
- Punitive Damages: We sometimes pursue punitive damages to hold responsible parties accountable for gross negligence or reckless conduct. These damages send a clear message: failure to act responsibly will not go unchecked.
If you’ve been affected by a mass shooting, you don’t have to face the legal process alone. Podhurst Orseck is here to help you pursue justice, accountability, and the compensation you deserve.
See Our Landmark CasesProving Liability after a Mass Shooting
Overcoming these legal hurdles requires a firm with deep experience and strategic sophistication. At Podhurst Orseck, we build powerful cases by:
- Proving Foreseeability: Showing that defendants knew or should have known about the threat
- Establishing Negligence: Demonstrating lapses in security, supervision, or response
- Challenging Immunity: Using statutory and constitutional arguments to defeat sovereign immunity defenses
- Utilizing Expert Witnesses: From school safety consultants to mental health professionals and forensic analysts, we work with the nation’s leading experts to support your claim
Every case is personal. Every client matters. We are relentless in our pursuit of accountability, no matter how powerful the institution or complex the legal issues.
Frequently Asked Questions About Mass Shooting Lawsuits
FIGHTING FOR ANSWERS & ACCOUNTABILITY
What Is Considered a Mass Shooting?
A mass shooting is generally defined as an incident involving a firearm in which four or more people are shot, not including the shooter. These acts often occur in schools, workplaces, or public venues and typically involve victims who are targeted at random or due to broader social or ideological grievances.
What Makes a Mass Shooting Case Different from Other Injury or Wrongful Death Claims?
Mass shooting cases often involve complex legal issues, including multiple liable parties, federal protections for gun manufacturers, and high-profile media scrutiny. These cases require skilled litigators experienced in multidistrict litigation, constitutional law, and trauma-informed advocacy.
Who Can Be Held Accountable for a Mass Shooting?
Beyond the shooter, potential defendants may include gun manufacturers, retailers, online platforms that facilitated weapon purchases, security companies, or others whose negligence contributed to the tragedy.
What Compensation Can Survivors or Families Recover?
Victims may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional trauma, funeral costs, and in some cases, punitive damages. Podhurst Orseck pursues every avenue of recovery available under the law.
Is There a Time Limit to File a Lawsuit after a Mass Shooting?
Yes, all civil cases are subject to statutes of limitations, which vary by state and claim type. Acting quickly is crucial to preserving your rights and building the strongest case possible.
Can Families Sue School Districts for School Shootings?
Yes, families can sue school districts, but public schools often have governmental immunity, which may limit or block liability. In some states, lawsuits are only permitted if gross negligence or constitutional violations can be proven.
What Is the Protection of Lawful Commerce in Arms Act (PLCAA)?
The PLCAA is a federal law that shields gun manufacturers and dealers from most lawsuits when their firearms are used in crimes. However, exceptions exist—such as when a manufacturer violates marketing or sales laws—allowing some mass shooting lawsuits to proceed.
Do Mass Shooting Cases Usually Go to Trial?
While many mass shooting cases settle out of court, some do proceed to trial—especially when insurance coverage is disputed or the defendants deny liability. Our firm is prepared to litigate aggressively if necessary to secure justice.
CONTACT PODHURST ORSECK
Our Mass Shooting Liability Lawyers Are On Your Side
We’re helping lead the legal movement to hold the right parties accountable for mass shooting tragedies. Our attorneys have pursued cutting-edge litigation to effect change and deliver real justice to survivors and grieving families. If your family has been affected by a mass shooting, you deserve answers, justice, and the resources to heal. Podhurst Orseck is here to help.
We offer free initial consults and handle mass shooting claims on contingentcy, meaning you don’t pay unless we recover for you.