Personal injury claims, for all intents and purposes, tend to be clear-cut and follow a logical progression – you got injured due to the negligent actions of another party, there was a breach of duty of care, you suffered compensable injuries via damages and therefore the other party must meet their financial obligation towards you as a direct result of their negligence.

However, what happens if this negligence was caused or preceded by a sudden medical emergency such as a heart attack, seizure or stroke? The sudden emergency doctrine recognizes instances where an individual who is experiencing a genuine and sudden medical emergency may be incapable of controlling their actions and thus may not be held liable for the consequent harm. This doctrine humanizes personal injury law and appreciates the fact that incidents out of our control may occur, and we may temporarily lose our connection to reality leading to an accident.

That said, in order for this doctrine to be applied, there needs to be a thorough investigation into the medical history of the at-fault party in order to determine the suddenness as well as foreseeability of the medical event, and the direct, causal link between the health emergency and the resulting injury. It is important to note that there are exceptions to almost every law, and the interpretation of this law in line with the circumstances surrounding your injuries may preserve your right to seek compensation, and we’re here to help with your claim – read on to find out more.

Why Choose McCready Law for Your Personal Injury Claim

Are you looking for the best countrywide injury lawyer? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced injury attorneys at McCready Law bring to the table over 90 YEARS of combined legal experience where we’ve helped tens of thousands of injured individuals recover compensation after getting injured due to the negligent actions of other individuals or large corporations. McCready Law prides itself in its excellence, and we’ve been able to win over $260 million in compensation since our inception, with a lot of these judgments or settlements ranging in the hundreds of thousands and even millions of dollars for individuals who suffered life-altering, catastrophic injuries.

Some of the reasons for our massive success in the personal injury field include the fact that we personally handle all claims and do not shunt them over to paralegals or legal assistants as is often seen in most law firms, we work closely with our clients to create a compelling case replete with evidence that demonstrates causation, as well as hiring experts who are the best at their field such as top physicians, forensic investigators and car accident reconstruction experts, all done to ensure that your claim stands up to scrutiny.

In addition to having nationwide reach thanks to our vast and trusted network of referral attorneys and law firms, we also run a bilingual firm (hablamos Español) helping to cater to the needs of the injured from all backgrounds as well as anywhere in the country. Lastly, we take on all cases on contingency fee basis, which simply means that there are ZERO UPFRONT FEES for the duration of the processing of your claim, as we only levy our fees at the end of the suit, and only if we’ve recovered compensation on your behalf.

If you or a loved one got injured by the negligent actions of another party whether in an auto accident, slip and fall at a retail store or business, or even due to a sports-related or amusement part or daycare injury, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.

Sudden Medical Emergency Led to Your Accident and Injuries? Here’s What to Know

The sudden medical emergency doctrine is a legal principle which may excuse an individual from liability if their conduct was due to sudden and unexpected loss of consciousness or physical control due to a medical emergency.

In order for this doctrine to come into play, the following elements must be present:

1. Suddenness – The event must have occurred without sufficient or significant warning; this means that a gradual health decline or having a condition which is recognized as having potential for sudden incapacitation may not apply. The unexpectedness or abruptness of the crisis is what qualifies the doctrine
2. Unforeseeability – The event must not have been reasonably anticipated by the individual experiencing the medical emergency or have prior knowledge of the same. For instance, if the personal had a history of the medical condition which caused the crisis or incapacitation, or if they ignored medical advice warning them about the potential for such an emergency, they may not qualify for this doctrine.

Burden of Proof in Sudden Medical Emergency

The defendant must meet the burden of proof when it comes to establishing the presence of sudden medical emergency, and this may require the presentation of compelling evidence which includes things like medical records on medical history, treatment records, physician testimony and more to establish the suddenness and unforeseeability of the same, witness testimony as well as expert medical testimony.

Countering the Sudden Medical Emergency Defense

By working with us, we shall counter this defense on your behalf by presenting evidence showing that the medical event was not only foreseeable due to the presence of a pre-existing condition, but that the defendant was negligent in some way independent of the medical emergency. This may require taking out court orders in order to access their medical records as well as interviewing witnesses about the defendant’s prior health and behavior and so on.

Best Nationwide Injury Lawyers – Call Us Today!

These cases tend to be complex, but they are not impossible, and you shouldn’t have to accept that a medical crisis led to the destruction of your life and possible future via injuries. Please, get in touch with us NOW at (314) 481-63338 so we can closely assess your potential personal injury claim so we can develop strategies that will culminate in your receiving damages for your injuries. Remember, the call is 100% FREE, and there is no legal obligation. Thanks for choosing us, and we look forward to helping you.