The sudden medical emergency defense is a legal tactic that can be used when someone files a lawsuit against another driver in court. It’s an affirmative defense that allows the defendant to avoid paying compensation for damages caused by an injury or death because of a sudden medical emergency. The law states that if you believe that your own health condition caused an accident, then it may be possible to get away with not offering any financial compensation for your injuries or losses due to another person’s negligence.
If you are involved in a car accident caused by a medical emergency, the sudden medical emergency defense may be available to help you reduce or eliminate your liability. The defense allows drivers who are not at fault for their injuries to avoid paying compensation for damages they have caused others.
This type of legal argument is known as an “absolute” or “no fault” defense because it doesn’t depend on whether any one party’s actions contributed to causing an accident—instead, all parties must share responsibility equally and take part in some way in causing it (for example: if two cars collide head-on).
The sudden medical emergency defense allows injured parties to argue that their injuries were caused by something beyond their control like car accidents caused by medical emergencies (known as “medical events”).
What Is a Sudden Physical Incapacity?
In legal terms, a sudden physical incapacity is when you are suddenly unable to drive because of an emergency. For example, if a patient has suffered from rheumatoid arthritis and is having an attack while driving, he or she can be found not responsible for any damages related to the accident because they were unable to control their vehicle at the time of impact. However, there must be reasonable foresee ability that this would happen before it actually did happen—not only did your medical condition cause you to fall unconscious behind the wheel; it also meant that your ability to operate vehicles safely was seriously diminished due to potential injury caused by such symptoms as seizures or congestive heart failure.
What Is a Reasonably Foreseeable Medical Emergency?
The legal definition of a reasonably foreseeable medical emergency is any sudden and unexpected event that causes a person to have an incapacitating illness or injury. This could include the following:
- Accident injuries (such as broken bones or head wounds).
- Illnesses caused by infection, such as influenza and tuberculosis, which can result in sudden weakness or fatigue.
- Illnesses caused by medication side effects.
Who Pays for Damages When a Medical Emergency Causes a Car Accident?
If you’re involved in a car accident caused by a medical emergency, you may be able to recover damages from the responsible parties. These include:
- The party who caused your injuries and damages, such as an insurance company or driver’s license holder (if it was the driver of your vehicle).
- The injured person’s insurance company and/or medical provider.
- Your employer if they didn’t provide proper health coverage for their employees, which can apply to benefits such as life insurance or disability coverage.
Examples of Sudden Medical Emergencies
- Heart attack
- Depression and anxiety disorders like generalized anxiety disorder (GAD) or panic attacks can also cause car accidents.
Strategies to Defeat the Sudden Medical Emergency Defense
To defeat the sudden medical emergency defense, you must be calm and collected. You need to be polite and honest. You also need to be ready to listen, explain your side of the story, apologize if necessary—and make amends if possible.
If you have a sudden medical emergency, it is important to be honest and open about your condition. This can help prevent an accident from happening.
Foresee ability is one of the most important factors in determining whether or not you can successfully claim a medical defense. If your doctor had warned you that there was a chance that he or she might have to leave the office unexpectedly, then it’s likely that you would have been able to anticipate this outcome and plan accordingly. Foresee ability means that both parties knew what was going on at the time of their consultation, so they could either prepare themselves for it or try their best not to think about it until after things had happened.
Timing is a key element of the defense, and it’s crucial to know when to act in response to a sudden medical emergency.
In some cases, you may be able to make a difference between winning or losing—and being right or wrong—by acting quickly enough for your actions to be effective. For example: If someone is injured and needs medical attention quickly but there aren’t any doctors nearby (or even on their way), then it’s possible that saving their life might depend upon whether or not you act quickly enough with CPR training and equipment or know how much oxygen can be provided through mouth-to-mouth resuscitation before applying an AED machine (which can administer electric shocks). In these situations where time matters so much but still need help immediately due to lack of resources available at short notice.
Talk to a Lawyer
When you’re in a car accident, and the other driver has been injured or killed, it’s important to get help from an attorney. You shouldn’t have to navigate this situation alone. A good lawyer will know how to handle everything from start to finish so that you can focus on healing without having to worry about legalities or insurance companies. The best way for someone who has been hurt by another driver is not only being there but also helping them through their recovery process as well as dealing with medical bills related directly due back damage caused by accidents.
The sudden medical emergency defense is one of the most common defenses you will encounter in a car accident case. However, it can be hard to know exactly what qualifies as a sudden medical emergency and how to defeat it in court.
At Barapp Law Firm in Fort Erie is here or your assistance. Call us at (365) 801-8277 today.