While New York state has some of the strictest gun laws in the United States, gunshot wounds still occur throughout the state. According to EveryStat.org, 870 people die and 2,607 are wounded in an average year in New York. This means that every day, two people die and seven more are injured by guns. As a result, knowing what to do if someone gets shot may help you save someone’s life. You may also want to familiarize yourself with some of the laws about guns and assisting gunshot wound victims. If you have other questions about handling gunshot wounds, guns, or weapons defense, an experienced Orange County criminal defense attorney with the Law Office of Benjamin Greenwald may be able to assist you. Call (845) 567-4820 to schedule a consultation and learn more.
How Do People Get Shot?
Gunshot wounds typically occur in one of three ways:
- Intentional: These are gunshot wounds caused deliberately. They can include self-inflicted wounds or wounds from one person shooting another either to injure or kill the victim.
- Unintentional: These are gunshot wounds that happen without any intention. They are often referred to as accidents. They can include self-inflicted wounds (such as dropping or cleaning a loaded gun), or wounds inflicted by another (such as a child playing with a loaded gun they found). According to the Johns Hopkins Center for Gun Violence Solutions, nearly 500 people are killed by unintentional firearm injuries every day in the United States.
- Self-Defense: These are gunshot wounds that occur when an individual is attempting to defend themselves against a threat from another person. They may occur intentionally, with the individual warning the other person to stop and leave before firing their weapon, or they may be unintended, with the individual firing the weapon without thought because they feel threatened.
What To Do If Someone Gets Shot
Most people hope to never be shot or to have to help someone who has been. However, knowing what to do if someone gets shot can literally save a life. Of course, it is important to always evaluate the safety of the situation and contact both the authorities as well as medical professionals.
Confirm the Scene Is Safe
For many, the first instinct is to call authorities and run to help the gunshot victim. However, the first step is to ensure the safety of all involved. Before approaching the victim, confirm that the scene is safe. This means making sure the shooter has left the scene, put down and moved away from their gun, or that there is no active fire. Take several seconds to visually assess the scene and ensure that there is no longer any visible threat and listen to ensure that there are no sounds of an impending or continued threat, such as nearby gunfire or shouting that indicates more violence.
Call 911
Once the scene is safe, move to the victim’s location and call 911. Be prepared to answer questions such as the victim’s location, whether a police or medical response is necessary, the nature of the injury, and to follow any instructions the dispatcher provides. If the victim can be safely moved to a safer location, do so.
Locate the Source of the Bleeding
If the victim is conscious, ask them where they were shot. They may or may not be able to answer. Visually assess them from head to toe for visible signs of the gunshot wound: blood, torn fabric or holes in clothing, or the victim holding their hands over a specific spot. If there is more than one wound, try to assess which one is bleeding more heavily to treat it first.
Apply Pressure
Apply steady, direct, hard pressure to the wound. If the wound is bleeding heavily, place a knee over it and lean hard on the wound. The victim is already in pain, and while the pressure may make the pain worse, it can also stop or slow the bleeding, which may save their life. Stop the Bleed indicates that a person can bleed out in as little as five minutes.
Injury-Specific Tips
Do not elevate the victim’s legs as this can increase bleeding from chest, neck, or head wounds. If a tourniquet is available, and the injury is to an arm or leg, apply the tourniquet high and tight to the injured limb: near the groin for a leg and near the shoulder for an arm, even if the wound is to the shin or forearm. A properly applied tourniquet will be uncomfortable or painful for the victim and will not allow fingers to slip between the tourniquet and the victim’s body.
Chest wounds can be sealed with plastic to avoid a collapsed lung, but if the victim’s shortness of breath worsens, remove the plastic. Abdominal wounds require pressure. If the victim was shot in a limb, avoid moving that limb and apply pressure to the wound. If the individual is shot in the spine, the bullet may cause paralysis, and moving the victim may move the bullet. If the victim is shot in the head, neck, or back, do not move them. If they are shot in the front of the neck, pressure can be applied to the wound as long as the victim is not moved.
Everyday Items That Might Help
Do not attempt to use a makeshift tourniquet made out of a necktie, belt, or other item, as these can cause more damage. However, other items may be found in a purse, backpack, or nearby homes or businesses that can assist with providing emergency care.
A plastic bag can be used to seal a chest wound or to act as a barrier between the helper’s hands and the wound. A tampon can be used to pack a larger wound before placing a clean piece of fabric on top and applying firm, direct pressure. Gauze, gloves, and items found in many first aid kits can also be useful. Ask bystanders to check with the owners of nearby vehicles, businesses, homes, or in their purses or backpacks for these items.
Wash Hands Thoroughly
Once paramedics have arrived and taken over the victim’s care, wash hands thoroughly to remove all blood, even if gloves were worn. Additionally, if there are any cuts, scrapes or other open wounds that may have come into direct contact with the victim’s blood, individuals should see their primary care doctor for possible preventative care or treatment for bloodborne diseases.
What If You Make Things Worse?
Sometimes, people hesitate to provide emergency medical assistance out of fear of being sued if they hurt the injured person more than they already are. Fortunately, New York has a Good Samaritan law that protects individuals who help in these circumstances. New York § 3000-a states that if an individual provides first aid or other emergency treatment at the accident scene or any other emergency outside of hospitals, doctor’s offices, or other places with proper medical equipment, they cannot be held liable for damages for injuries alleged to have resulted from that treatment as long as it was rendered voluntarily and without expectation of monetary compensation.
Other Steps To Take If Someone Is Shot
Knowing what to do when someone gets shot to help them medically is important to saving their life. However, there are other things that can be important to do if someone has been shot. Witnesses to the shooting should take some time to review the incident in their minds and take note of as many details as they can. Write these details down so they are not forgotten or confused later. Include details such as what the shooter looked like, what they were wearing, a description of their vehicle if there was one, and what direction they went. These details can all be helpful in finding them. Write down details such as what happened before the shooting (if they were arguing, what they argued about, etc.).
If you or your loved one fired the weapon, you may want to contact a criminal defense attorney with the Law Office of Benjamin Greenwald as soon as possible and before speaking with law enforcement about the incident. This can help you avoid saying anything that may be used against you later.
What If You Shot Someone in Self-Defense?
New York § 35.15 allows the use of deadly force in self-defense. In New York, this is referred to as the defense of justification. However, it also stipulates a duty to retreat, requiring individuals to retreat if they can do so with complete personal safety and, therefore, avoid the use of deadly force. In some cases, such as being in the individual’s own home and not the initial aggressor, there is no duty to retreat. There are other instances in which individuals may be able to use deadly force without a duty to retreat as well.
The complexity of this law and the different circumstances under which deadly force can be used with or without attempting to retreat first can make it difficult to understand whether an individual’s actions were reasonable as self-defense. If an individual has shot someone in what they believe to be an act of defense of justification, they may want to consult with an attorney to get case-specific advice regarding their situation.
How Can a Criminal Defense Attorney Assist You?
Understanding what to do when someone gets shot is important to helping them with their injury as well as assisting with any investigation that takes place. Whether you were a witness or involved in the incident, you should know what to do to assist and protect the victim and to protect yourself, both physically and legally. If you have further questions regarding gunshot wounds, New York gun laws, or defense of justification, speaking to an attorney may answer those questions. You can call the Law Office of Benjamin Greenwald at (845) 567-4820 to schedule a consultation with an Orange County criminal defense attorney and learn more.
