Both lawyers and the insurance company could find it hard to assign liability for an accident, if that particular incident were caused by the fact that one of the drivers had suffered a medical emergency.
The lawyer for the responsible driver would have a ready defense, if that lawyer’s client had become unconscious in the moments before the accident.
The opposing side could not come up with proof of negligence, if a medical emergency had caused the one driver to make an improper action, or to fail to carry out an expected action.
What facts should come to light, through the argument made by the attorney of the party that has claimed the effects of a medical emergency, during the moments just prior to a given accident?
• The fact that the client lost conscious before the accident took place
• The fact that the absence of a conscious brain caused the attorney’s client to experience a loss of the ability to control some piece of equipment, usually a car.
• The fact that the loss of consciousness was due to the SUDDEN occurrence of a medical emergency
What evidence should be lacking, if an attorney hopes to prove that a given client did have a sudden medical emergency?
There should be no evidence that the client had exhibited some earlier symptoms, but had chosen to ignore them. An exhibition of earlier symptoms might have been mentioned in a medical report. Both personal injury lawyers in Grande Prairie would want to look at that particular report.
The absence in the client’s medical history of any reference to another episode of lost consciousness would also help the client’s attorney to make a stronger argument. That is why someone that has suffered an epileptic seizure would find it difficult to obtain car insurance.
That person’s awareness of the past seizure might be viewed as a warning that another attack could take place. Someone that has received a warning should be “on-guard” for occurrence of a possible event. In the minds of an insurance company, that fact would eliminate the chance that a seizure would be a sudden medical emergency.
In order to allow someone with a history of seizures to obtain a license, most states ask for evidence that the license-seeking driver has his or her seizures under control, due to that same driver’s usage of anti-seizure medication. If the applicant for the license can prove that his or her seizures are under control, then the same applicant usually has permission to copy the efforts made by all of the other applicants. In the event of an accident, that particular approach would make it easier to introduce in court a defense that was based on the occurrence of a medical emergency.