A Los Angeles personal injury lawyer represents either a defendant or a plaintiff under the California law in cases involving injury of body or psychological injury as opposed to damage of property. To win in a case, the Los Angeles attorney capitalizes on California state laws, federal laws and past rulings to defend the clients' case and avoid paying damages. Some of these laws include the California Good Samaritan laws also referred to as the Volunteer protection law.
The Good Samaritan Laws
According to the California state law, health care providers and emergency aid personnel are protected from being sued for personal injury by the victims of an emergency as long as the emergency personal was not grossly negligent or acted on willful misconduct. Therefore, if the emergency worker provided reasonable assistance considering the resource limitations, then the Los Angeles personal injury lawyer may use the law to seek protection for their client. These laws seek to encourage effort to provide the urgently needed assistance in the case of an emergency without the fear of being sued in case of accidental injury.
Requirements of the Good Samaritan Laws
For a Los Angeles personal injury lawyer to successfully use the California Good Samaritan state law, the injury attorney needs to show that the case at question was indeed an emergency. They are also expected to demonstrate that the defendant acted reasonably given that the decisions were made in a rush. The defendant attorney will also need to show that the emergency aid provider worked as per expected skill level. In other words, if the aiding person was a medical practitioner, then the standard procedures need to have been followed while providing the emergency help. If the person at the scene is not a professional, then they are expected to seek professional aid and not try and administer medical help. Besides this, the person being assisted in the emergency must have been willing to be assisted or provide no resistance. The law only covers emergency aid at the scene of the emergency. Therefore, a medical practitioner providing emergency care to victims in hospital is not covered under this California state law.
Limitations of the Good Samaritan Laws
A limitation in the application of the Good Samaritan law is that it provides protection only for emergency medical care and not emergency rescue. In a 2009 case held between a woman and her co-worker where the co-worker emergency aid left the victim a paraplegic, the victim sued the co-worker for damages. The Los Angeles personal injury lawyer defending the co-worker sort to use the Good Samaritan law to avoid damages for their client. However, the California Supreme Court majority ruling was against the co-worker. The ruling read in part that the Good Samaritan law only covered medical care and not rescue aid. The law therefore does not cover the actual act of rescue for example pulling an accident victim from a wreckage but only covers the act of administering medical help to the victim at the emergency scene. This state law limitation poses a risk to any well-wisher seeking to help at a place of emergency.
However, the passing of the revision of the California Good Samaritan law as authored by Assemblyman Mike Feuer in June 2010 now provides for extra protection to people assisting in an emergency. The law covers any emergency assistance in an emergency case in the absence of a medical practitioner or nearby hospital.
Alawpro is a leading Los Angeles personal injury lawyer firm that provides professional advise and high quality legal representation for personal injury cases. You can get further advice or contact a Los Angeles personal injury lawyer by following the links.
The Good Samaritan Laws
According to the California state law, health care providers and emergency aid personnel are protected from being sued for personal injury by the victims of an emergency as long as the emergency personal was not grossly negligent or acted on willful misconduct. Therefore, if the emergency worker provided reasonable assistance considering the resource limitations, then the Los Angeles personal injury lawyer may use the law to seek protection for their client. These laws seek to encourage effort to provide the urgently needed assistance in the case of an emergency without the fear of being sued in case of accidental injury.
Requirements of the Good Samaritan Laws
For a Los Angeles personal injury lawyer to successfully use the California Good Samaritan state law, the injury attorney needs to show that the case at question was indeed an emergency. They are also expected to demonstrate that the defendant acted reasonably given that the decisions were made in a rush. The defendant attorney will also need to show that the emergency aid provider worked as per expected skill level. In other words, if the aiding person was a medical practitioner, then the standard procedures need to have been followed while providing the emergency help. If the person at the scene is not a professional, then they are expected to seek professional aid and not try and administer medical help. Besides this, the person being assisted in the emergency must have been willing to be assisted or provide no resistance. The law only covers emergency aid at the scene of the emergency. Therefore, a medical practitioner providing emergency care to victims in hospital is not covered under this California state law.
Limitations of the Good Samaritan Laws
A limitation in the application of the Good Samaritan law is that it provides protection only for emergency medical care and not emergency rescue. In a 2009 case held between a woman and her co-worker where the co-worker emergency aid left the victim a paraplegic, the victim sued the co-worker for damages. The Los Angeles personal injury lawyer defending the co-worker sort to use the Good Samaritan law to avoid damages for their client. However, the California Supreme Court majority ruling was against the co-worker. The ruling read in part that the Good Samaritan law only covered medical care and not rescue aid. The law therefore does not cover the actual act of rescue for example pulling an accident victim from a wreckage but only covers the act of administering medical help to the victim at the emergency scene. This state law limitation poses a risk to any well-wisher seeking to help at a place of emergency.
However, the passing of the revision of the California Good Samaritan law as authored by Assemblyman Mike Feuer in June 2010 now provides for extra protection to people assisting in an emergency. The law covers any emergency assistance in an emergency case in the absence of a medical practitioner or nearby hospital.
Alawpro is a leading Los Angeles personal injury lawyer firm that provides professional advise and high quality legal representation for personal injury cases. You can get further advice or contact a Los Angeles personal injury lawyer by following the links.
