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Sudden illness defense

Andrew Kim
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Personal Injury, Car Accidents, Motorcycle Accidents, Wrongful Death and Catastrofic Injuries Attorney

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11/17/2008
Andrew Kim
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Have you been involved in a car accident, truck accident, motorcycle accident in Washington through no fault of your own and think that the other driver's insurance company was going to take care of everything for you?  For example, the other vehicle is coming towards you from the opposite direction and all of a sudden it crosses the center line straight towards you.  Your first reaction, after saying some choice words to yourself, is to attempt to swerve out of the way, but there isn't enought time and you crash head-on with the at fault driver.

Your car is totaled and you have neck and back injuries.  You say "no worries" the other driver has insurance but then you get a letter from his insurance company denying the claim because their insured had a sudden and unexpected illness, usually in the form of a heart attack which caused this car accident in Washington, and there is no liability.

What?!  No way, you say!  Believe it or not, there is such a defense to liability (sudden illness defense) in the State of Washington in case of a car crash but they have to show that the sudden illness was unexpected or unforeseeable.  This is where an experienced Bellevue, Seattle, or Tacoma personal injury attorney can help you build a case against the other driver for your car accident or motorcycle accident.  Any prior medical history which was known to the driver that should have prevented him from driving in the first place can be used against him.  For example, if medication was supposed to be taken on a regular basis and the driver didn't do so, that can be an argument to attach liability.

The Seattle Times recently reported a "Fatal heart attack suspected in wreck" in Shoreline, Washington on October 17, 2008 when a 45 year old man suffered a heart attack while driving on I-5 near NE 205th Street in Shorleline lost control of his vehicle and ran into a pole, according to KING-TV, which then fell onto other vehicles causing damage and injuries.

We have successfully represented victims of automobile accidents just like in these situations and have helped them recover settlements for the injuries and damages sustained from the other driver's insurance company even after they initially denied the claim.  You can call us for a free consultation at Andrew Kim Law Firm, PLLC (425) 289-1990 to see if you have a claim.


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11900 NE 1st Street
Suite 300
Bellevue, WA 98005
Phone: (425) 289-1990
Fax: (425) 289-1991
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Bellevue Office
11900 NE 1st Street
Suite 300
Bellevue, WA 98005
Phone: (425) 289-1990
Fax: (425) 289-1991

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