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In a car accident, the liability to pay for the damages lies on the at-fault party. But if a Sudden Medical Emergency causes the accident, the chances of receiving compensation get lower.
In such cases, you need to seek help from an experienced accident lawyer to find other possibilities to win the recovery compensation. This article will discuss the common case scenarios regarding both parties defeating or denying the recovery compensation for accidents caused by a sudden medical emergency.
What Conditions Will Be Considered as Sudden Medical Emergency?
If the at-fault party claims that they were immobilized due to an unexpected medical situation, they use the cause as their defence. And in the normal condition, you cannot blame the person for the accident.
For emergency medical conditions, the lawyers usually refer to the following conditions:
- High/low blood pressure
- Unconsciousness due to heart attack
- Fainting due to a blood sugar drop
- Seizure
- Mental delusion
- Side effects caused by a medication
The Essential Factors On Sudden Medical Emergency Defenses:
Now, if you are the at-fault party responsible for the accident, you need to prove certain factors in your defence. Your lawyer will try to organize the case as you were not negligent when the accident happened, and the accident was beyond your control.
After proving that, the court will decide whether you are required to pay for the damage of the injured victim or not. But before that, let us tell you the factors you need to prove in front of the court.
Your burden of proof is that:
· You Were Suddenly Unconscious Due to the Medical Emergency:
Proving that you were not conscious at the time of the accident is crucial to proving your innocence. Although there is no specific time frame, you still need to give an estimated key time frame when you lost consciousness before the accident.
This factor is important because you could have just pushed the vehicle’s brake to avoid an accident if you were conscious while driving and felt a medical condition. Your opponent can say that you were negligent.
It would be best to establish that the accident happened abruptly, and you have not noticed any medical condition before being unconscious.
· You Were in No Position to Control Over the Vehicle:
You cannot possibly drive while you are senseless, right? The court understands this condition. But you need to prove that you were completely unconscious and you did not get the chance to take any action to stop the vehicle or control it.
In short, you completely lost control over the car because you were senseless right before the accident happened.
· You Were Not Aware of That Medical Condition Beforehand:
In this factor, you need the medical reports from your doctor that you were diagnosed with a certain medical condition after the accident happened. Previous medical records should also be presented to the court as proof that you were completely healthy before the incident and the cause of losing consciousness was unforeseeable.
If you knew about your illness, for example, you had a heart attack once in your lifetime or are diabetic, remember you are not off the hook. Then you will be considered an at-fault negligent driver.
Who Will Hold Responsible for The Recovering Compensation?
Since there is a possibility that the driver at fault can successfully prove that the accident was unforeseeable and uncontrollable. You need to think of other possible parties who can be liable for the accident. But you need to consult with your accident lawyer about your state’s injury case acts.
First of all, you need to inform your insurance company that you have been in an accident. Where the driver at fault is claiming to have a sudden medical emergency. Many states have a No-fault insurance policy to get a certain amount of compensation for such cases, which may not be enough.
After that, you should consult your injury lawyer about the other parties responsible for the accident. Your lawyer can hold the physician in charge of the driver liable for the damages because the physician cleared him to drive even when he was not in stable condition physically or mentally.
And if there are other parties involved in the crash, discuss the details with your lawyer. You will know what steps to be taken to get the maximum amount as compensation.
How Can an Accident Lawyer Help You?
An accident lawyer can help you organize the case and inform you about your rights as a country citizen. Since there are fewer chances to win a case like this. A lawyer can help you maximize the compensation in any way possible.
So, consult your lawyer if you are facing the problems below:
- Severe injury that is causing you to lose wage
- Medical bills
- Mental and physical distress
- Failing to pay child support
Conclusion:
Every accident case is different than the other. And normal people are not even aware of their state’s rights in store for them. So, the best way to get help in facing this situation is to find a skilled lawyer experienced in this field.
Don’t lose hope just because the person at-fault has proved his innocence. Consult your lawyer to find other possible ways to recover compensation for accidents caused by a sudden medical emergency.
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