Florida car accident injuries can cause life-long suffering to the people involved in the crash. A car accident can lead to financial burden, injuries, and emotional trauma. You may not be able to perform your work duties, and severe injuries may result in permanent disability or other serious medical conditions. To recover compensation after an accident, it is particularly important to determine the fault of the negligent individual who caused the accident. Specifically when the accident results in serious injuries.
However, in certain situations a medical emergency may be involved, for instance, a seizure, causing a deadly crash. It becomes difficult to determine whether you are eligible to receive compensation when a crash occurs due to another driver’s seizure. You need to understand whether you will be able to file a lawsuit for compensation in these circumstances.
Florida Car Accident Injuries; Sudden Medical Emergency:
Florida car accident injuries may be mild or severe depending upon the intensity of the collision. According to estimates around 1.35 million people are killed each year in road accidents while millions suffer from injuries. Commonly, the person whose reckless or negligent actions cause the accident is held responsible for the accident.
If a person suffers from a sudden medical emergency and causes an accident, the liability of accident may be relieved from that person. The responsibility from this defense is removed as the person who suffered from a medical emergency did not act negligently. Rather, the situation was not under their control. Actions that cannot be controlled due to unforeseen events should not be held accountable. This defense is valid under the following situations:
- The driver becomes unconscious before the accident happens
- The driver becomes unconscious and loses control over the vehicle
- The unconsciousness resulted from an unforeseeable medical emergency
The integral part of this defense is an unforeseeable medical emergency. It is also vital to understand the unforeseeable nature of a medical emergency. A driver suffers from a seizure, loses control over the body, and causes a car crash. The driver mustn’t hold any documented history of such seizures in past. The medical condition causing the accident should be unexpected.
If the driver has a documented history of seizures in the past, and their doctor has instructed them to avoid driving, the defense for a sudden medical emergency cannot be applied in this situation. If the driver is fully aware of the medical condition, they can anticipate the medical condition as well. An experienced attorney is required to analyze the medical records and determine the nature of the medical emergency.
No-Fault Car Accident State:
Another interesting fact to remember is that Florida is a no-fault car accident state. In case of an accident, each party will receive compensation from their insurance company. The coverage is received without determining the individual at fault. The Florida law states that to be legally driving on the roads each driver must maintain $10,000 in property damage liability and the same amount in personal injury protection. Personal injury protection involves the coverage of medical expenses such as emergency hospital visits, medical bills, medications, and lost wages.
A person who is injured in an accident caused by the negligence of another person cannot file a lawsuit under the law of Florida. A lawsuit can only be filed when the injury is determined to be serious as defined by the law of the state. The following injuries qualify as serious according to the laws of Florida:
- Absolute disability for 90 days or more
- Single or multiple bone fractures
- Restricted use of body function or permanent disability of a body part
Not all accidents qualify automatically to be sudden or unavoidable. The medical report submitted by a certified doctor is predominantly significant in determining the fault of the accident under sudden medical conditions. If the doctor testifies that the medical condition, such as a seizure was not anticipated by the driver and resulted in an accident, then the liability is removed.
If a driver suffers from Florida car accident injuries due to another driver’s unanticipated medical condition, it is necessary to seek the professional assistance of an attorney. The attorney will gather evidence to determine whether the medical condition of the other driver was unexpected or not. In minor injury cases, the compensation remains limited to the driver’s own insurance carrier.
If you or your loved ones experience a crash, caused by an individual who suffered a sudden seizure, consulting a skilled attorney will increase your chances to attain the compensation you deserve. Years of experience and practice allow us to better understand your case and guide you through the best legal options while easing the entire process.