In my state if someone incurs injury or death while committing a felony, they are prohibited by law from recovering damages. Brandishing a weapon without a self defense justification (as in the OP) is a felony. Ergo, no damages are able to be recovered. Same with people who injure themselves breaking into someone's home. No damages. That ought to be the law everywhere, but it's not. If minivan people perforated Harley dude, they would not be charged with jack shit, nor would they be sued down here. Their firearm would be temporarily confiscated and returned in a timely manner.