Fighting Back Against the Sudden Medical Emergency Defense
You suffered injuries in a car accident, and you believe the accident was caused by the other driver’s negligence. The other driver’s attorney is now using the sudden medical emergency defense to avoid liability. The sudden medical emergency defense argues that the person who caused the harm was not negligent since they were experiencing a sudden medical emergency that impaired their ability to make rational decisions. This defense argues that a person confronted with a sudden medical condition while driving should not be held to the same standard of care as another healthy driver. What do you do now that the defendant’s attorney has raised this defense? How do you recover compensation? Luckily, a skilled personal injury attorney can help you. An attorney can help you fight back against the sudden medical emergency defense.
How To Fight Back Against the Sudden Medical Emergency Defense
The sudden medical emergency defense can be a powerful argument. It can be complex to challenge this defense. However, while it can be challenging to fight back against the sudden medical emergency defense, it is not impossible to do so, especially with the help of a qualified personal injury attorney. The following are some of the strategies a skilled attorney can use to help you fight back against the sudden medical emergency defense and recover the compensation you deserve for your injuries and damages;
Foreseeability of Risk
You can argue that the defendant foresaw the medical emergency. If you can show that the other driver had warning signs or knew they had a medical condition that could impact their ability to drive safely, it can weaken the defense. Witness testimony and medical records can help you prove the risk was foreseeable. The defense of sudden medical emergency loses its footing if the so-called “emergency” was not unforeseeable.
Available Alternatives
The sudden medical emergency defense relies on the idea that there weren’t reasonable alternatives to the actions the individual took. Showing a reasonable person in a similar situation would have taken a different course of action could be a strategy to fight the sudden medical emergency defense.
Failure To Manage the Medical Condition
You can fight back against the sudden medical emergency defense by showing that the defendant failed to manage their medical condition or ignored their doctor’s advice. Proving this can cast doubt on the unexpectedness of the emergency.
Causation
Causation entails showing whether the defendant’s conduct directly led to the plaintiff’s harm. Proving that other actions by the individual contributed significantly to the accident can be vital. The other driver might have suffered a sudden medical emergency. However, another action by them might have significantly contributed to the accident.
How a Skilled Attorney Can Help You
A qualified personal injury attorney can help you in many ways. They can help you conduct investigations and gather evidence, including medical records, witness testimonies, and expert testimonies. An attorney can help you plan and strategize how you’ll present your case and effectively present evidence. A skilled attorney can navigate the complexities of your case.
Contact Us Today
Our Miami personal injury attorneys at The Pendas Law Firm can help you fight back against the sudden medical emergency defense and any other defense. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Fort Myers, Fort Lauderdale, Ocala, Orlando, Tampa, Jacksonville, Bradenton, Daytona Beach, West Palm Beach, Naples, and Melbourne areas.
