Can You Be Sued For Helping Someone?
Witnessing an accident can compel many to assist, yet concerns about potential legal repercussions may cause hesitation. Understanding the Good Samaritan Law is crucial for anyone who might find themselves in such a situation as a spinal cord injury lawyer knows all too well.
The Truth About Good Samaritan Laws
The Good Samaritan Act is designed to encourage individuals to provide emergency assistance by offering legal protection. This law states that any person, including medical professionals, who gratuitously and in good faith renders emergency care or treatment without objection of the injured victim(s) shall not be held liable for any civil damages as a result of such care or treatment.
In essence, if you provide reasonable assistance during an emergency, you are generally shielded from civil liability. As our friends at Mickey Keenan P.A. can explain, this legal safeguard aims to promote altruistic behavior without the fear of legal consequences.
When “Helping” Can Actually Create Liability
While the Good Samaritan Act offers broad protection, it does not cover acts of gross negligence or willful misconduct. If a rescuer’s actions are deemed reckless or they intentionally cause harm, they can be held liable. For instance, moving someone with a potential spinal injury without proper justification could exacerbate their condition, leading to possible legal consequences.
Medical professionals who provide emergency care voluntarily and outside their regular employment are also protected, provided they act within the scope of their training and without compensation. However, if their assistance involves reckless disregard for the consequences, this immunity may not apply.
What To Do If Someone Else’s “Help” Makes Your Injuries Worse
If you’ve been injured and a bystander’s attempt to assist has worsened your condition, you may have grounds for a legal claim. The key considerations include whether the individual acted recklessly or beyond their level of competence, and if their actions directly caused additional harm. In such cases, consulting with a knowledgeable personal injury attorney is essential to assess the specifics of your situation and determine the viability of a claim.
Were you or someone you love injured in an accident? If you believe that a rescuer’s actions have exacerbated your injuries, or if you’re uncertain about your legal rights after receiving assistance, a lawyer will be your best bet. They can review the details of your situation to determine whether or not you have a case. Again, it all comes down to proving negligence. Can you prove, without a doubt, that someone’s actions led to your injuries being worsened? A lawyer can let you know if this can be done, and then they will work to help prove your case. They will also coordinate with insurance agencies, and if it comes down to it, they will go to trial to represent you.
Contact a lawyer today near you for a consultation to explore your options and ensure your rights are protected; they will fight to ensure you get the compensation you deserve.