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Understanding How Good Samaritan Laws Can Affect a Personal Injury Case

When you’ve been injured as a result of someone else’s negligence, it’s natural to want to recover compensation. That is the purpose of most personal injury lawsuits. However, there are some people who may have been involved in your situation and even may have caused you additional injuries, who are protected from civil liability. 

Good Samaritan law was created in order to allow bystanders to attempt to help people in emergency situations without fear of repercussions. Even if their help proves to make your situation worse, if they are genuinely trying to rescue you or prevent further injury, they should not be held accountable by law.

What constitutes negligence?

Negligence is the failure to take proper care in doing something. It is reckless behavior or nonperformance of a duty. To prove negligence in a lawsuit, the plaintiff needs to prove that the defendant owed the plaintiff a duty, and this was violated by the defendant. 

Who is protected by Good Samaritan law?

This varies by state. In some states, anyone can be protected by Good Samaritan law. In others, it only protects trained rescue and medical personnel. In Louisiana, anyone can be considered a Good Samaritan, not just physicians. 

Are there limits to the reach of this law?

Yes. If the person was grossly negligent or reckless in providing the care, then they are no longer protected from being sued. You have the right to file a lawsuit and attempt to recover compensation from him or her.

Who can help me determine if my case might be impacted by Good Samaritan law? 

If you are navigating a personal injury case, an experienced personal injury attorney can help you determine whether or not Good Samaritan law might come into play in your case. At the Bagneris Firm, we work with both plaintiffs and defendants. We have extensive experience representing all types of clients, including those who are protected by Good Samaritan law and those who have been injured due to the negligence of someone who recklessly tried to help them. 

If you have been injured or accused of injuring someone else, we want to hear from you! We offer free consultations and we’re available 24/7. Give us a call at (504) 810-3995 any time, any day to get started!

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Bagneris Law Firm

The Bagneris Firm is an experienced civil litigation firm with decades of combined experience serving both plaintiffs and defendants in a wide-range of different cases including personal injury and business disputes. Our firm is based out of New Orleans, and we serve clients throughout Louisiana. Attorneys Emile and Suzette Bagneris have a long and impressive careers with experience training insurance adjusters and risk managers, representing large corporations and insurance companies, and helping individuals and businesses with all aspects of their legal cases. The fact that we have represented clients on all sides of legal issues allows us to better predict what will happen and prepare an effective strategy to help our clients.

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