You can file a claim with your insurer if you want to recover compensation for an accident caused by a sudden medical emergency. Usually, when someone else causes an accident, they are liable to pay for damages other people involved sustained. When the at-fault party causes the accident because of a sudden medical emergency, they could be excused from compensating you.
Recovering compensation for accidents caused by a sudden medical emergency is more complex than a typical accident. However, having a Columbus personal injury lawyer by your side can help you to take the correct steps to get the money you need to recover from your losses.
What Is a Sudden Medical Emergency?
A sudden medical emergency is an urgent condition that could not have been predicted. For example, it is considered a sudden medical emergency when a person loses consciousness.
In a car accident, a sudden medical emergency could relieve a driver from liability. As an unforeseen condition caused the accident, the driver’s negligence may not be why they caused it. The accident is out of the alleged driver’s control when a medical emergency overtakes them.
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How Do You Recover Compensation for Accidents Caused by a Sudden Medical Emergency?
If you get into an accident caused by someone who had a sudden medical emergency, you might wonder if you will still get to recover compensation for your injuries. The good news is, you can. Hiring a personal injury attorney is helpful if you get into this type of accident. They can walk you through the steps and help to explain your legal options.
An attorney can speak to the insurance company to ensure you get fair compensation, determine whether the accident was caused by an unforeseen medical emergency, and determine your case worth by looking at your recoverable damages.
Examples of recoverable damages include:
- Medical bills: The out-of-pocket costs you had to pay for medical professionals to treat your injuries. Medical bills could include the costs of emergency room treatment, ambulance transportation, doctor’s visits, and medications. It can also include the projected costs of your future medical bills.
- Lost income: If your injuries caused you to miss work, you could recover compensation for your lost earnings. You could also include the projected costs of future lost earnings if you cannot return to work in the same capacity.
- Property damage: Once a car gets into an accident, the property’s value diminishes. You could file a claim to cover the costs of repairing your vehicle and recover compensation for its diminished value.
- Pain and suffering: Injury victims can receive compensation for the physical pain and suffering their injuries caused.
- Emotional distress: If you dealt with negative psychological issues because of your injuries, you could recover compensation for emotional distress damages. Negative psychological impacts could include anxiety or post-traumatic stress disorder.
An attorney from our firm can sit down with you and identify the damages you could recover. This could help you determine the value of your case.
How To Prove the Driver Had a Sudden Medical Emergency
When a driver claims they had a sudden medical emergency, they have the burden of proving it occurred. A driver may need to prove:
- They suddenly lost consciousness before the accident occurred.
- The loss of consciousness caused them to lose control of the vehicle.
- An unforeseeable medical emergency caused the loss of consciousness.
The driver must also prove the emergency came on suddenly, and there was no time to pull over. A prudent person in a similar situation would pull over at the sign of a medical issue. If they had time to pull over and didn’t, they could not get released from liability.
If the driver can prove these events happened, they might not have to pay for damages caused by the accident. However, they must prove they didn’t foresee the medical emergency to avoid accepting liability over an accident.
Foreseeability of the Sudden Medical Emergency
Some medical emergencies are unforeseen. Others, the driver could potentially foresee. If the medical issue was foreseeable, the injured party could still hold the liable party responsible for the accident. Examples of foreseeable medical emergencies include:
- Seizure disorders: Many people with seizure disorders are often instructed not to drive by medical professionals. This is because of the high likelihood of a sudden medical emergency they could experience. If they have a seizure while driving, it could cause them to lose consciousness immediately. Someone who causes an accident with a seizure disorder may not get released from liability if their doctor told them they couldn’t drive.
- Heart conditions: People with certain heart conditions are more likely to have a sudden medical emergency. While people with heart conditions are allowed to drive, if their doctor tells them it’s too dangerous, they will likely not get released from liability if they have an emergency and cause an accident.
Certain conditions will cause someone to accept liability if they try to claim a sudden medical emergency caused their accident. For example, if a doctor tells them not to drive, they could have foreseen the medical emergency and know that driving is dangerous.
Contact Our Firm if You Were Involved in a Medical Emergency Accident
If you sustained injuries in an accident caused by a sudden medical emergency, a legal advocate could help you. At The Fitch Law Firm LLC, our legal team has handled many similar cases and knows the steps to take to help you get the compensation you need. Contact us today for a free consultation to discuss your options.