Auto Accident Settlement – Rare Medical Emergency Defense

Our Delray Beach Personal Injury Law Firm is pleased to announce we recently settled a red-light car accident case for $650,000 after a long legal battle. We filed a lawsuit against the Defendant driver back in 2018. When the Defendant answered the lawsuit, he denied responsibility for the crash and raised an unusual defense. Specifically, the Defendant argued that he suffered a sudden and unforeseen loss of consciousness which caused him to run a red light crashing into our client. This unique defense, if true, would absolve the Defendant of all responsibility since theoretically there was nothing he could have done to avoid the crash. This would have left our client with over $100,000 of medical bills and significant injuries to handle on his own without recourse.

This very rare defense created a tough obstacle for us to overcome. There are numerous reasons that can cause someone to pass out and in many circumstances it is medically impossible to detect whether someone has passed out or not. However, from the get-go, our team of injury lawyers sensed there was more to the story. We teamed up with a traffic engineer who undermined the Defendant’s story. Next we located a missing crash witness who shared some interesting testimony with us about the Defendant using a cell phone. When we asked the Defendant to produce his cell phone records we were surprised they indicated his phone was not in use. We kept digging and discovered the Defendant had a 2nd cell phone which he did not share with us. A few weeks before trial, we entered mediation equipped with evidence proving the Defendant was in fact awake and fully responsible for causing the crash. Our case settled shortly thereafter.

We would like to remind prospective clients that cases are evaluated based upon their unique set of facts. For this reason, we welcome you to call us at 561-821-4087 to speak about the facts of your case and get personalized legal advice from trial ready lawyers.

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