It’s a fairly safe bet to assume that most people in Illinois and Missouri will either have to act as or benefit from the actions of a Good Samaritan after a car accident. In most cases, that person will render aid to someone injured in a motor vehicle collision in a reasonable and safe manner that results in the person surviving long enough for emergency medical personnel to make it to the scene. In some unfortunate cases, however, someone serving as a Good Samaritan might act in a grossly negligent or reckless fashion that either causes or contributes to a victim’s further injury or even death. This might leave that victim or surviving relatives wondering whether they should hire a lawyer for their car accident, and how to determine the method for calculating damages to cover medical or other related expenses.
St. Louis personal injury attorneys who are experienced in these kinds of cases can help guide clients through the sometimes overwhelming process of a civil lawsuit necessitated by a Good Samaritan who acted in a grossly negligent or reckless manner. Some injured victims or their family members may wonder if they’ll even be able to file a personal injury or wrongful death lawsuit against a Good Samaritan due to the laws that often protect such individuals. While all 50 states, including Illinois and Missouri, have set at least some type of Good Samaritan shield law in place, how that law applies in each state is unique.
Steps in reviewing a Good Samaritan Shield car accident case
A logical first step in this type of case is to review the specific state’s statute requirements that define a Good Samaritan to see if they apply. Secondly, it can be a good idea to review all pertinent case law that could also relate to a particular case to see how courts tend to interpret the issue. Something that can assist in this review is understanding patterns that often emerge when courts do consider whether someone is entitled to Good Samaritan immunity.
One important factor to consider is the exact class that a person seeking Good Samaritan immunity actually belongs to. For instance, those like police officers and firefighters who already have a duty to render assistance in emergencies typically fall under the protection of another set of statutes and may not be able to claim Good Samaritan status.
Courts place the burden of proving eligibility for Good Samaritan immunity on the person who is claiming that status as an affirmative defense. Those hoping to hide under the shield of this immunity must prove that they acted to render aid only during an emergency situation, rather than providing medical assistance on some type of “ongoing” basis. While most states fail to specifically define what “emergency” means where statutes are concerned, courts generally view it the same way that most laypeople do: as an unforeseen or unexpected event that necessitates immediate action. Courts tend to consider whether a person acting as a Good Samaritan simply rendered aid to keep that person in stable condition until emergency personnel arrived or the victim could be transported to a medical facility for treatment, or if they provided care for that person over a longer period of time instead of seeking emergency assistance for that person.
This means that in cases where someone simply observed a victim who suffered a serious injury like a blow to the head for hours rather than seeking emergency assistance for the victim may be ineligible to claim Good Samaritan immunity. In at least one case, a court held that a defendant could not claim Good Samaritan immunity because someone’s blood sugar problems had been a repetitive issue and thus took it out of the emergency category.
Options for pursuing a Good Samaritan Shield car accident case
Other factors may come into play to remove the Good Samaritan shield from a particular case. Those who have either suffered injuries or lost loved ones due to the negligence of a person supposedly acting as a Good Samaritan may decide to seek a consultation with a St. Louis personal injury attorney to determine their options under the law. Most victims and surviving relatives may have the right to seek financial restitution in a personal injury or wrongful death lawsuit to help cover the expenses they have incurred. Calculating pain and suffering damages to further reimburse them for the losses they have suffered may also be an option.
Those in Illinois and Missouri who wonder, “Should I hire a lawyer for my car accident case?” may find it reassuring to note that my St. Louis personal injury law firm offers a free initial consultation in order to discuss the specific facts of a case. I have been practicing as a trial attorney for several decades and have extensive experience in taking cases to court if a defendant or their insurance company does not offer a good faith settlement option. The best part of contacting us at 888-586-7041 for a case consultation is that you will pay us nothing for this meeting, and nothing to work on your case until – and only if – we succeed at winning money for you either through settlement or at trial. Please remember that the sooner you act to preserve important evidence in the wake of a motor vehicle accident, the better.
Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements.