Las Vegas Personal Injury Lawyer Assuming Legal Liability of an Injured
If you rescued someone in an accident, are you liable for their injury? Are you legally accountable for saving someone? This depends in large measure on how well your Las Vegas personal injury lawyer argues your case.
According to an experienced Las Vegas personal injury lawyer, Nevada has a Good Samaritan Law which protects rescuers and lay people who voluntarily help others in distress from being sued in court for tort.
A Las Vegas personal injury lawyer explained that this law set under N.R.S. 41.500 states, -any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith…is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.-
Your Las Vegas personal injury lawyer could argue about the Good Samaritan precept which is often used by rescuers. For this defense to work there should be the four key elements present during the rescue: 1.The care or assistance they rendered was done as a result of the accident or emergency; 2.The accident or emergency was not caused by the rescuer; 3.The care or assistance given was not done in a grossly negligent or reckless way; and 4.When possible, as when the injured person was conscious, permission was asked and given to the rescuer. Your lawyer, on the other hand, must prove otherwise.
This is why it is always important to get a Las Vegas personal injury lawyer who can aggressively argue for you in court that it is not your fault that you rescued someone because of another person’s negligence.
According to a skilled Las Vegas personal injury lawyer, the Good Samaritan law gives immunity for the rescuers since they chose to tend and serve the injured or ill. It should give the bystanders enough reason to help the injured instead of avoiding to help, for fear of being prosecuted or sued for wrongful death or unintentional injury.
A good Las Vegas personal injury lawyer can prove that the rescuers intent was to help and the one who is negligent caused pain and suffering to the injured person.