Florida’s bustling roads are full of surprises, and not all of them are pleasant. When a driver experiences a sudden seizure or medical emergency behind the wheel, devastating accidents can occur in seconds. Under Florida law, drivers who cause accidents due to unexpected medical conditions may have different liability than those who knowingly drive with uncontrolled medical issues. While victims naturally feel compassion for someone suffering a medical emergency, they shouldn’t have to bear the financial burden of their injuries, vehicle damage, and ongoing medical expenses resulting from an accident they didn’t cause. If you have been injured in an accident caused by someone experiencing a medical emergency, a skilled car accident attorney can help you review your legal options.
Liability in accidents caused by seizures and other medical conditions can be complex, making it essential to have a skilled legal professional on your side. At Marsalisi Law, our esteemed attorney, Frank P. Marsalisi, is dedicated to helping his clients achieve the justice they deserve for their injuries and other losses. With extensive experience and a proven track record of successfully defending his clients’ rights and interests, you can trust that you have a tireless legal advocate in your corner when filing a personal injury claim.
Types Of Seizures
Seizures are a common condition that can affect anyone, regardless of age or health status. Understanding the different types of seizures is crucial, especially when they play a role in car accidents. There are several types of seizures, including generalized onset seizures, focal seizures, and tonic-clonic seizures.
Generalized Onset Seizures
Generalized onset seizures affect both sides of the brain and can cause loss of consciousness, convulsions, and other symptoms. These seizures can be particularly dangerous when they occur while driving, as they can lead to a sudden loss of control over the vehicle.
Focal Seizures
Focal seizures, on the other hand, affect only one area of the brain and can cause a range of symptoms, including numbness, tingling, and visual changes. These seizures can sometimes be less obvious but still pose significant risks, especially if they impair the driver’s ability to operate a vehicle safely.
Tonic-Clonic Seizures
Tonic-clonic seizures are a type of generalized seizure that can cause muscle stiffening and convulsions. These seizures are often the most dramatic and can result in severe consequences if they occur while driving. Understanding these different types of seizures can help in diagnosing and managing the condition, potentially reducing the risk of car accidents.
How to Protect Your Rights after a Car Accident Caused by a Seizure
Being involved in an accident caused by another driver’s medical emergency can leave you feeling sympathetic toward their condition while simultaneously dealing with your own injuries and damages. However, you still have important legal rights that need protection. Taking specific actions immediately after the accident can significantly strengthen your position when seeking monetary compensation.
Call Emergency Services
Ensure you call 911 immediately after the accident. This serves the dual purpose of getting medical attention for the driver experiencing the seizure and creating an official police report documenting the incident. You can also note any witnesses, as their observations can become crucial evidence if the driver later claims their medical event was completely unforeseeable.
Seek Immediate Medical Evaluation
Even if you feel relatively unharmed, seek immediate medical attention after the accident. Some serious injuries, including concussions and internal bleeding, may not show immediate symptoms but could worsen without treatment. Additionally, medical records created shortly after the accident establish a clear connection between your injuries and the crash, preventing insurance companies from claiming your conditions existed previously or developed from unrelated causes.
Document Everything
Thorough documentation forms the foundation of a strong legal claim. Use your smartphone to photograph the accident scene from multiple angles, capturing all vehicles involved, road conditions, traffic signals, and any visible injuries. If the other driver mentions their medical history or medications, make note of these statements, as Florida courts distinguish between drivers with known seizure disorders who negligently drove despite medical warnings and those experiencing a truly unexpected medical emergency.
Contact an Experienced Lawyer
Speak with an experienced personal injury lawyer, like Frank P. Marsalisi, who understands the unique aspects of accidents caused by medical conditions. We can investigate whether the driver had a history of seizures or other medical issues that should have prevented them from driving. We can also help determine if the driver was following medical advice, taking prescribed medications, or had been warned by their physician not to drive—all factors that affect liability in these complex cases.
Who Is At Fault For A Car Accident Caused By Generalized Onset Seizures Or Other Medical Conditions?
For individuals diagnosed with epilepsy and who have a history of recent seizures, driving can be dangerous. In Florida, a person diagnosed with epilepsy may be granted their driver’s license under their doctor’s recommendation and if they have been seizure-free for at least six months. However, many individuals fail to report their seizures, so they may continue to drive. If this is the case and this negligence led to your accident, the individual who suffered the seizure may be held liable for your accident-related losses. It is crucial to have adequate insurance coverage in Florida to protect yourself in such situations.
However, the driver may have liability protection under Florida’s Sudden Emergency Doctrine if the seizure or other condition was sudden and unforeseeable. Under this rule, an individual cannot be held accountable for an accident if they lost consciousness or were otherwise debilitated through no fault of their own before causing the accident. Fortunately, in these scenarios, you may be able to pursue monetary compensation for your losses through a no-fault claim with your own insurance company. Personal Injury Protection (PIP) insurance, which is mandatory in Florida, covers a portion of your medical bills and lost wages after a car accident. If your damages exceed your insurance policy limits, you may also have the option to pursue claims against the at-fault driver. We can investigate your accident to determine if this rule applies to your case and the best path forward to pursue justice.
3 Steps of the Legal Process After a Seizure or Medical Condition Caused an Accident
Navigating the legal process after a car accident can be complex and overwhelming, especially if you are dealing with injuries or property damage. It is essential to seek the help of an experienced St. Petersburg car accident lawyer who can guide you through the following process and ensure you receive the maximum compensation you deserve:
Investigation
Our skilled lawyer can help you gather evidence, including police reports, medical records, and witness statements, to build a strong case. This evidence is crucial in proving liability and demonstrating the extent of your injuries and damages.
Negotiation
In addition to gathering evidence, we can help you negotiate with insurance companies to ensure you receive a fair settlement. Insurance companies often aim to minimize payouts, but we can advocate on your behalf to secure the compensation you need for medical bills, lost wages, and other expenses.
Litigation
If necessary, our trusted lawyer can represent you in court to ensure you receive the maximum compensation you deserve. Having a knowledgeable and dedicated legal advocate on your side can make a significant difference in the outcome of your case, providing you with the support and resources needed to recover and move forward.
How Can An Attorney Help Me After An Accident Caused By A Seizure?
Because accidents involving seizures and other medical emergencies can be legally dense, contacting a skilled attorney without delay is essential. Personal injury attorneys play a crucial role in helping clients recover compensation after an accident. At Marsalisi Law, our attorney understands the ins and outs of Florida law and is ready to apply his expertise to your unique case. Some of the many ways he can help you include the following:
- Conducting an exhaustive investigation into your case;
- Negotiating with all parties on your behalf;
- Organizing your medical bills and other expenses;
- Advocating aggressively for your rights and interests;
- Determining the best path forward to seek the monetary compensation you deserve;
- Filing all paperwork correctly and on time;
- Answering your legal questions;
- Providing the vast resources and support of a law firm.
Frank P. Marsalisi tailors his approach to every case to understand his client’s unique needs and fight for the monetary compensation they deserve for their accident-related losses.
Discuss Your Case With A Seasoned Petersburg Car Accident Lawyer At Marsalisi Law
If a car accident caused by a seizure or other medical emergency has disrupted your life, you do not have to navigate the aftermath alone. At Marsalisi Law, our attorney provides dedicated support throughout every step of the legal process. Hiring specialized car accident lawyers can significantly improve your chances of obtaining fair compensation.
Attorney Frank P. Marsalisi is proficient in both English and Spanish and is passionate about ensuring your voice is heard and your needs are met. With a firm commitment to delivering results for our clients, he is ready to fight for the resolution you deserve. For personalized legal guidance on your car accident case, contact Marsalisi Law today at (727) 800-5052 or through our contact form. Marsalisi Law is Where Law Gets Personal!
