Accidents happen all the time throughout the nation in which victims are injured unexpectedly. There are many occasions where a victim may be in serious danger and medical professionals aren’t the first ones to arrive on the scene. When you witness an accident happen, it may be your natural instinct to help the person in need and try to rescue them from any further danger or injury.
Helping others is an essential part of what makes our society so great, but you may shy away from rescuing someone if you think you’ll be injured in some way. The rescue doctrine is a complex law that protects people who help rescue those in peril when circumstances permit. If you’re injured when rescuing someone, you’ll be able to obtain compensation for your injuries.
If you’ve been injured because you helped rescue someone after an accident, an Orange County personal injury lawyer from Dickson Kohan & Bablove LLP can assist you with filing a claim against the negligent party who caused the initial accident.
If a victim is injured in an accident because of someone else’s negligence and a rescuer then gets injured while saving the original victim, then both injured victims can sue the negligent party for compensation because of the rescue doctrine. This code in California is CACI No. 453, “Injury Incurred in Course of Rescue.” This doctrine can seem complex until it’s explained in real-life circumstances.
If Fred gets hit by a drunk driver on the road and Mark sees the wreck happen, Mark may pull over to ensure everyone is OK. The police have been called but haven’t arrived. Mark notices that the car is on fire and Fred is in immediate danger. He pulls Fred from the car but suffers significant burn injuries in the process. Because of the rescue doctrine, Mark can sue the drunk driver for his burn injuries.
In order for a rescuer to obtain compensation for their injuries in court, they must prove negligence on behalf of the original person who caused the accident in the same way that the original injured victim would. A rescuer must also prove that there was an emergency situation in which a victim needed rescuing and that their injuries resulted from rescuing this injured victim.
Your lawyer should be able to assist you with proving negligence against the defendant in your case. Once it’s proven that your injuries are a direct result of you rescuing the victim, you can receive a settlement for any medical expenses or lost wages you’ve suffered as a result of your injuries.
You shouldn’t be punished for trying to save someone in imminent danger, and the rescue doctrine protects you in the event that you’re put into this difficult situation. If you’d like to speak with an Orange County personal injury lawyer from Dickson Kohan & Bablove LLP about your case, call 1-844-404-2400 or visit our website for more information.
Kohan & Bablove Injury Attorneys is a Personal Injury Law Firm serving Riverside and Orange County, California. Our Injury and Accident Lawyers provide passionate, aggressive and client-focused legal services to individuals who have been injured; whether that be in the form of physical injury, emotional distress or work-related injury. Time may be limited to file a claim so visit so call today 844-404-2400.... View full business profile here: Kohan & Bablove Injury Attorneys
