Many people wonder what they can do if the car accident that caused their loved one's passing involved a medical emergency. In other words, some drivers can use the medical emergency defense to escape liability for a car accident. This leaves loved ones wondering whether they can be compensated with a wrongful death claim. Feel free to ask a Jackson wrongful death attorney for more information.
What is the Medical Emergency Defense?
The medical emergency defense is used in situations where a driver caused a car accident due to a medical emergency. However, certain criteria must be met for this defense to work. If the defense does work, the driver who caused the accident is immune from liability.
What this could mean for you is not being compensated by the other driver. This may not be the only outcome. Feel free to consult with a lawyer to explore all your available legal options.
The driver must prove the emergency was unforeseeable for the medical emergency defense to work. The medical emergency must have been abrupt and strong enough to cause significant impairment. It is up to the driver to make the connection between the medical emergency and losing control of the vehicle.
The loss of control must have happened right before the accident and must be what caused the accident. Common medical emergencies include heart attacks, strokes, seizures, and fainting. Hallucinations and adverse medication effects are less common but may also count.
If you have concerns about this stopping you from filing a wrongful death claim, then try contacting a Jackson accident lawyer for advice. A lawyer may find exceptions to the medical emergency defense, like the driver's prior knowledge of the medical condition.
Medical Emergency Defense and Your Wrongful Death Claim
All of this can be complicated when it comes to how the medical emergency defense affects filing a wrongful death claim. A strong medical emergency defense that meets all the criteria can stop a car accident claim. Whether this could also stop a wrongful death claim is something an experienced lawyer can help you figure out.
To file a wrongful death claim, you must prove the other driver caused the passing of your loved one. You must prove the cause involved negligence like drunk driving or breaking traffic laws. Reckless driving can also count.
Causation linking negligence to your loved one's passing and the car accident is necessary to prove. Lastly, the damages suffered from the accident and death must be proven. This may mean a death certificate, medical records, police reports, pictures of the accident, and witness statements.
Wrongful Death Lawyer in Jackson
Dealing with legal complexities on top of losing a loved one can be overwhelming. All you have to do is call the Germany Law Firm, PLLC today at (607) 487-0555 to speak with a Mississippi multi-vehicle accident attorney for a consultation. Our team of lawyers can work with you to increase your chances of compensation for funeral costs, pain and suffering, and medical bills. We are located throughout Jackson, Madison, Gulfport, Oxford, and other cities in Mississippi.