Personal injury is one thing, but it turns into quite another when you encounter someone with an unusual health problem. When that unusual health problem causes an accident that results in your injuries, what do you do? Can you sue? Do you have the right or ability to sue someone with a condition like a seizure disorder or narcolepsy? Here is what the law says about these cases.
Yes, You Can Sue
No legal precedent says you cannot sue someone with narcolepsy (or anyone else with a physical disorder). You can sue, and if your injuries are especially bad, life-threatening, or potentially long-term, you should. The law does not make exceptions for people with physical disabilities unless it has been previously-determined that the person is not competent to understand legal proceedings. However, a person who only has narcolepsy is typically competent to enter a courtroom. So, yes, you can sue.
When the Person with Narcolepsy Does Not Take Medication
Additionally, if the person with narcolepsy is supposed to be taking medication and does not, that is a form of negligence. He/she puts others in danger because he/she does not take the prescribed medication to control their condition, and then endangers everyone by operating machinery that can cause injury. If your lawyer uncovers that this person did not take prescribed medication on the day of your accident, then you absolutely should sue.
The Nature of the Case
Clearly, this is a difficult case. You are dealing with someone who should not have been operating a car, heavy machinery, or equipment without having his/her condition under control. Yet, you have to be careful about appearing prejudiced, since those with physical disorders have every right to operate a vehicle and work a job.
Be sure to let your lawyer do all of the talking, as he/she will not say anything inflammatory to cause hurt or harm to the person responsible for your injuries. The person with narcolepsy is already quite aware of the damages, pain and suffering his/her disorder has caused and can cause. Undoubtedly, he/she is very sorry and willing to work with you and your lawyer to make amends for what has happened to you.
What May Happen
Depending on the details in your case, the judge may provide leniency to the person that hurt you. Clearly, narcolepsy is not something one has complete control over. Yet, one can certainly treat the disorder with medication and steer clear of things that could injure others if the narcolepsy kicks in and causes the affected person to fall asleep. That is not to say that you should not be compensated or not attempt to sue; it just means you should expect the unexpected.
For more information, contact your local personal injury attorney.Share