What If a Wrongful Death Was Caused by Another’s Medical Condition?Last updated on: April 25, 2022
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Wrongful death is a very complicated legal doctrine, and some are left to wonder about the specifics. One of the most interesting and often relevant questions has to do with medical conditions. What if a wrongful death situation was caused by another party’s medical condition? What if they had a heart attack that caused them to crash into your vehicle?
These things do happen, and a good wrongful death lawyer can help you understand your legal rights when they do. When someone’s medical condition causes the death of one of your family members, the specifics of the situation will be very important. The attorneys at Zinda Law Group help people in these situations, and they can help you understand whether you have a valid claim.
If you have lost a loved one in an accident, call Zinda Law Group at (800) 863-5312 for a free case evaluation with an experienced and compassionate wrongful death lawyer.
When you start talking about tort cases and personal injury claims, foreseeability is a doctrine that will undoubtedly come up. A skilled wrongful death attorney knows that determining negligence against a party has to do with the foreseeability of the medical condition.
If a person has been in good health and they suffer a heart attack that causes an accident, then it’s unlikely that a jury will find them to have been negligent. After all, negligence is based upon choices that people make, and if they had no reason to anticipate their medical condition, they will have no liability.
In some cases, though, a party understands that there is a chance they could suffer from a medical condition. Take the person who has a history of seizures, for instance. When that person gets into a car with knowledge that a seizure might be coming, he or she has made a choice that a jury might find unreasonable. Even if a medical event ultimately causes the death of your family member, a jury will be much more likely to find that party negligent and liable for the car accident.
The Other Party’s Response to the Medical Condition Matters
Having a medical event is not a blank check that removes all liability from a responsible party. The seriousness of the condition matters, and the jury will ask what a reasonable person would have done in the situation.
If the jury finds that the party did not act reasonably in the wake of a medical event, then that person can still be liable for the death of your loved one. This is why these cases are so fact-specific. The legal determination can turn on a few critical facts.
Our Wrongful Death Attorneys Can Help You
With these cases being so fact-specific, a good lawyer is necessary for determining whether you have a valid claim. A strong attorney can break down your case and investigate the evidence. With that done, the lawyer can tell you whether your claim is worth pursuing.
The nationwide wrongful death lawyers at Zinda Law Group have tremendous experience with these cases, and they work hard on behalf of clients who have lost loved ones. Even when a medical condition caused an accident, a good lawyer can decide whether you have a valid claim.
If you have lost a loved one in an accident, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our skilled wrongful death lawyers.
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