What If I Am In a Car Crash Because of a Medical Condition?

January 14, 2019 | Car Accidents \ Personal Injury FAQ

According to the NCBI, drivers with a medical condition are, on average, twice as likely to be involved in a car crash. This could be due to losing control of the vehicle because of an unexpected medical emergency, suffering a medical emergency such as a heart attack because of the impact of the car crash, or many other reasons. If you are involved in a car crash because of a medical condition, it is critical to seek prompt medical attention and to speak with a personal injury lawyer so that your rights can be protected during this time.

Do I Have a Medical Emergency Defense Claim for my Car Crash?

Car crashes are unexpected and are often unable to be foreseen. If you believe that your accident was caused because of a medical condition, you may be eligible to file a medical emergency defense claim. A medical emergency defense claim is an option available to those involved in a car crash because of a medical condition, but must be proved by the following:

  • Total lack of knowledge of your medical condition and the potential for an episode to occur while driving because of it
  • If you are aware of your medical condition, that it is properly treated for by a physician, and that you are taking measures to care for yourself
  • You have no prior car crashes or related accidents because of your medical condition
  • There aren’t any doctors orders or other instructions from medical personnel that forbid you from operating a motor vehicle

It is essential to seek treatment after a car crash happens regardless of if a medical condition is involved. If a medical condition is the cause of a car crash, car crash victims have even more of a reason to be seen by a doctor after their crash. Your physician will be able to treat your injuries and give you a copy of your medical report. Your medical report and a copy of your medical records is powerful proof that you either A) Were unaware of your medical condition, B) Had been seeking treatment for your medical attention, or C) Was not under explicit orders from your doctor to not drive a motor vehicle because of a medical condition. Evidence such as a medical report and a police report filed after the accident can be used by your car accident lawyer when filing your medical emergency defense claim and deciding what damages to claim for your case.

What Medical Conditions are Covered Under a Medical Emergency Defense Claim in a Car Crash?

There are many different medical emergencies that can be claimed from a car crash. Heart attacks happen suddenly and are often unforeseeable if you’re not aware of a heart condition. More than 5 percent of car accidents are caused by unexpected complications from emergencies such as heart attacks and strokes every year. Other medical conditions that are eligible to be claimed after a car crash are sudden diabetic episodes, seizures, fainting, and more. If you have suffered medical complications that you believe was caused by your car crash, you must immediately consult with your lawyer about your case.

Insurance companies often attempt to get statements from car crash victims too soon in an effort to offer a lower settlement. If you are unaware of your rights and make a statement to the insurance company without a lawyer, this information could be used to disqualify you from filing a medical emergency defense claim. By immediately speaking with your personal injury lawyer after a car crash, you’re protecting your rights to file a claim and seek the most in damages for your injuries.

What Damages Can I Seek for a Car Crash that Involved a Medical Emergency?

Depending on the circumstances of your car crash and medical emergency, there are different damages that can be claimed with the help of your car accident lawyer. Damages that are eligible to be claimed from a car crash involving a medical emergency include medical costs, pain and suffering, lost wages, and more. With the help of your lawyer’s legal counsel, you can write a powerful demand letter that can help obtain these damages. While not everyone is eligible to receive compensation for their car crash case, talking with a lawyer will allow you to see if your case is eligible. In addition to writing a demand letter and filing a car crash claim, your lawyer will serve as a mediator between you and the other party’s insurance company and negotiate for the most in compensation for your injuries.

How Can a Lawyer Help with my Car Crash Case Because of a Medical Condition?

Your lawyer has the experience and legal knowledge needed to negotiate for the most in compensation for your car crash that happened because of a medical condition. Your car accident lawyer has more than likely handled cases similar to yours, so they will know exactly how to proceed with your case. If the other party’s insurance company doesn’t offer you a high enough settlement for your damages from the crash, your lawyer can help you decide if it is best for you just to settle, push back and negotiate or file a lawsuit against the other driver. Your lawyer’s job is to:

  • Make the process of dealing with your car crash case easier
  • Protect your rights and evidence from the case
  • Negotiate with the other party’s insurance company
  • Ensure that you’ll receive the maximum amount of compensation for your claim

If you are in need of a lawyer that will fight for your case, feel free to contact the Dixon Injury Firm for more information on how they can help with your car crash involving a medical condition. Our lawyers are dedicated to helping those in need of legal guidance, so consultations are free, and we are available 24/7 for any questions or concerns that you may have.