A woman from Vero Beach was hospitalized on October 15, 2016 after being involved in a single-vehicle accident.
69-year-old Patricia Brennan suffered a medical issue while driving. This caused her to drive off the road at around noon near the 35000 block of Aviation Boulevard. Fortunately the car did not roll over or strike anything or anyone when it left the road.
Brennan received treatment in Fort Pierce from the Lawnwood Medical Center & Heart Institute.
“Sudden Medical Emergency” Cases Not So Simple
Some car accidents are straight-forward, such as running a red light or rear-ending someone due to lack of attention. But what happens when the accident is caused by an unexpected medical issue?
The state of Florida recognizes what is known as the “Sudden and Unexpected Loss of Capacity Defense”. This is when an operator of a vehicle unexpectedly becomes incapacitated or loses consciousness. The individual who claims to have suffered a sudden medical emergency will need to have evidence that will prove:
- That he or she lost consciousness or became incapacitated before the accident
- That the loss of consciousness or incapacitation caused the driver to lose control
- That the loss of consciousness or incapacitation was unforeseeable
What Will Happen With My Personal Injury Claim?
If the other driver is able to successfully establish that he or she suffered a “sudden medical emergency”, then a plaintiff with personal injuries may not be able to claim as many damages. Prior to proceeding with your claim a personal injury attorney will be able to examine your case, determine whether the “sudden medical emergency” defense is valid, and decide how to best proceed.
It is also important to note that Florida follows a “no-fault” car insurance system. Your insurance company will pay for your injuries and possibly other losses up to a certain amount, regardless of who or what caused the accident.
Hiring Keith Bregoff as a Personal Injury Lawyer
Keith Bregoff has experience in both personal injury and criminal defense, providing him with unique insight into every case he receives. Over his years handling legal issues in Vero Beach he has helped numerous victims receive the damages they deserve for their pain and their losses from negligent parties and insurance companies.
The Law Offices of Keith Bregoff, PA offer free consultations for anyone who has been injured because of the negligence of another. Contact us online or call us at (772) 492-8967 to schedule your consultation today.