Can I Sue A Relative If I Got Injured During A Holiday Gathering?

In California, you can sue a relative for negligence-related injuries sustained during a holiday gathering. If you have a case, you’ll usually have to file a personal injury claim and pursue compensation from their homeowners’ insurance policy. If settlement negotiations with their insurer fail, a lawsuit may be necessary.

Families gather during the holidays for celebrations, meals, and gift-giving. Unfortunately, these celebrations can occasionally result in injuries due to dangerous conditions. Winter weather, crowded spaces, and slippery floors can increase the risk of injuries. You can file a premises liability claim if you sustain injuries at a family holiday party.

Legal issues involving your family can be complicated. You might have several questions racing through your mind. You may even be wondering, “Do I need a personal injury attorney?” While you can handle a claim on your own, seeking legal counsel can help you avoid costly mistakes.

Understanding your legal options can help you make informed decisions. An attorney can help you pursue a claim for various types of incidents, including:

At the AK Law Firm, our premises liability lawyers can help you explore your options. We offer free initial consultations.

Consider filing a claim against a relative if your injuries result in substantial losses. Pursuing compensation from a family member can be a challenging and awkward experience. However, you may suffer financial strain if you do not file a claim. Additionally, you’re not demanding that your relative directly cover your damages. You’ll likely pursue compensation from their homeowners’ insurance policy.

However, filing a claim against a relative may not always be the best course of action. Here are some key factors to consider first:

• Severity of Injury and Financial Impact — Medical care for injuries can be costly. Despite the potential impact on family ties, pursuing a claim can help you address financial challenges.
• Insurance Availability — Consider whether your relative can pay for damages. Think about whether they have insurance or the financial means to compensate you. If they have little to no financial assets, suing them may only cause friction within the family.
• Small Claims or Limited Civil Court — Check whether you should file a small claims or limited civil case. Depending on the situation, one may offer an advantage over the other. Keep in mind that a small claims case does not require you to have a lawyer. For cases where damages are valued at $12,500 or less, you can file in either court.
• Insurance Coverage — If you share a home with the defendant, your options may be limited. Some insurers may restrict coverage for resident relatives. No-fault MedPay coverage is available in many homeowner’s policies. It’s advisable to consult a premises liability attorney to help you navigate insurance coverage issues.
• Relationship Dynamics and Communication — Family relationships may suffer if you file a lawsuit. It could also cause a shift in dynamics within the family. Consider whether you and your relative can settle the matter outside of court.
• Costs of Legal Services — Filing a lawsuit can be a time-consuming and costly process. Assess whether hiring an attorney is a financially sensible decision. Consult your attorney to understand their fee structure and potential costs before signing an agreement.

Understanding Liability For Injuries At Holiday Gatherings

You can file an insurance claim when someone else’s negligence causes you harm. To do so, you must first identify who may be liable for your injuries and losses.

When the homeowner is a relative, it’s normal to hesitate about filing a claim. It’s important to remember that pursuing a claim isn’t about blaming your family. It’s about seeking the financial support you need while you heal.

The specific facts of each case determine who may be at fault. Courts and insurance providers consider whether:

• The property owner was aware of or should have been aware of the hazardous condition.
• The property owner took steps to either resolve the issue or alert visitors to it.
• Your actions contributed to the accident, resulting in injuries. These acts of negligence can include roughhousing, unsafe carrying of items, and reckless use of holiday equipment.

You may be asking yourself, “Can my claim be denied if I was partly at fault?” You may still qualify for compensation, even if you contributed to the accident. California adheres to the principle of pure comparative negligence. This rule allows injured victims to seek compensation even when the court finds that they’re up to 99% responsible for an accident. However, their potential compensation will be reduced based on the percentage of fault attributed to them.

Common Holiday Gathering Accidents And How They Lead To Liability

There are many parties you might attend during the holidays. During these gatherings, alcohol consumption can rise, and people may overlook safety hazards. Slips and falls, food poisoning, or dog bites can cause serious injuries. Should someone else’s negligence cause these injuries at a party, you may be eligible to pursue compensation from them.

To understand how these gatherings can lead to liability, it helps to learn about some common causes of holiday party injuries:

Slip-And-Fall Accidents

There are numerous slip-and-fall hazards during the holiday season. For example, moisture and debris can accumulate, making the floors dangerously slick. If the homeowner fails to address risks, slip-and-fall accidents can occur.

Consider the following additional risk factors:

• Decorations that protrude into walkways.
• Slick walking conditions due to winter weather.
• Staircases and other areas with inadequate lighting.
• Poorly maintained or excessively slippery flooring.
• Cluttered walkways, loose rugs, or ornamental extension cords.

Slipping and falling at a holiday party can cause serious harm. Depending on the severity of your injuries, you may require medication, physical therapy, or chiropractic care. A slip-and-fall lawyer can help you seek compensation for these expenses.

Kitchen And Cooking-Related Accidents

Cooking large meals in a small, hectic space can result in burns and accidental cuts. Meal preparation for a holiday gathering can be dangerous if homeowners:

• Leave stove burners and candles unattended.
• Keep knives in places where children can reach them.
• Use flimsy foil turkey pans with hot drippings.
• Leave fireplaces or space heaters unattended.

All of these could spell disaster. If you suffered burn injuries due to a relative’s negligence, you may have legal recourse. A burn injury lawyer can help you understand your options.

Dog Bites And Other Animal-Related Injuries

Holiday get-togethers are fantastic for reconnecting with loved ones. They may, however, be difficult for household pets. Even the most mild-mannered dogs can show aggression if they feel threatened or overwhelmed. The risk of dog bite injuries increases at holiday gatherings due to the following:

• Large crowds
• Unfamiliar visitors
• Loud noises
• Elevated stress levels
• Disturbed routines

California’s dog bite law is a strict liability statute. In other words, dog owners are automatically liable for injuries sustained from dog bites on private or public property. This law protects both event hosts and guests. They don’t need to prove the dog owner’s negligence to file a claim.

Certain exceptions may apply, such as if the victim provoked the dog. If you’re not sure whether you have a case, a dog bite attorney can assess the strengths of your claim.

Alcohol-Related Accidents During Holiday Events

“Dram Shop” laws make businesses or party hosts liable for injuries caused by intoxicated individuals to whom they served alcohol. These laws apply to private events and holiday parties.

• Serving Alcohol to Intoxicated Individuals — In most states, it’s illegal to serve alcohol to a visibly intoxicated person. Suppose a host continues to serve alcohol to a clearly drunk guest. They may be liable if that guest injures themselves or others.

  In some instances, the host could be accountable for a car accident. For example, they could be liable if they over-serve alcohol to an intoxicated guest, and that guest causes a DUI accident. Experienced car accident lawyers can assist with injury claims related to this matter.

• Serving Alcohol to Minors — In California, there are limitations to this rule. In general, adult consumers are responsible for injuries they cause while intoxicated. Businesses are only accountable if they serve alcohol to someone who is clearly drunk and under the age of 21.

  Social hosts are also typically exempt from liability for harm caused by intoxicated adult visitors. The law focuses on alcohol consumption instead of furnishing. However, if a host serves alcohol to someone under 21, this immunity is lost.

Steps You Can Take After An Injury At A Family Holiday Gathering

It can be awkward and stressful to sustain an injury at a family holiday gathering. You may be concerned about how your injury will affect your relationships within the family. Additionally, you may experience pain, incur medical bills, and have questions about your next steps.

Here are some actions you can take after a holiday gathering injury:

• Seek Medical Attention — Visiting a doctor after an accident is essential for protecting your well-being. This step also creates medical records that can support your claim.
• Document the Scene — Take photos and videos of your injuries and the scene to help illustrate the impacts of the accident and how it occurred. Additionally, preserve any physical evidence. For example, don’t wash the clothes you were wearing during a slip-and-fall.
• Reporting to Insurers — File a report with the insurance company. Stick to the facts and avoid admissions of guilt or fault.
• Consult an Attorney — Talk to a personal injury lawyer. They can investigate your accident, gather evidence, and pursue a claim on your behalf.

Frequently Asked Questions After A Holiday Gathering Injury

If you suffered injuries at a holiday gathering, you may be wondering what to do next. Below, you’ll find answers to some common questions about these accidents.

However, your concerns might be more complex if a relative is potentially responsible for your injuries. You might be looking for free accident lawyer advice and guidance. In this case, it’s generally advisable to speak directly with an attorney about your case. They can provide you with answers tailored to your unique circumstances.

Can I Sue A Relative If I Get Injured During A Holiday Gathering?

Yes, you may be able to file a lawsuit against a relative for injuries sustained at a holiday party. California law permits injured guests to file claims for injuries caused by hazards such as slick flooring or dog attacks.

Depending on your circumstances, your relative’s insurance may cover your claim. You may also seek compensation if another guest caused your injury.

Do I Need A Personal Injury Lawyer To Sue?

You’re not legally required to have a lawyer to sue a relative after getting injured at their house. However, hiring a skilled lawyer can be advantageous. They can manage the claims process and address any legal issues that may arise.

How Much Does Hiring A Personal Injury Lawyer Cost?

The total cost of hiring a lawyer will depend on the severity of your injury and how complex the case is. Most personal injury lawyers work on a contingency fee basis, where the attorney’s fee is calculated as a percentage of the compensation they recover.

Arash Law also follows this fee structure. One common question about our contingency fee arrangement is, “Do lawyers only get paid if they win?” The answer at our injury law firm is yes. Under this agreement, you won’t owe legal fees if we don’t secure compensation on your behalf.

Can I Sue If A Relative’s Dog Bites Me?

You may be able to file a lawsuit if a relative’s dog bites you. In California, dog owners are strictly liable for dog bites. You may have legal options to seek compensation if:

• The bite occurred in a public place.
• The bite happened on private property where you are legally allowed to enter.

You could also sue for a minor dog bite if necessary. Even less severe puncture wounds, for example, could cause infections. Minor dog bites could also cause emotional distress or trauma. A lawsuit could help you seek compensation for the resulting losses.

You may hesitate to pursue legal action against a relative due to family ties. However, it’s advisable to address the injury legally. This step allows you to seek damages and prevent future incidents. Consulting dog bite lawyers can help you understand your options and pursue compensation for your injuries.

Are There Special Considerations In Child Dog Bite Cases?

Yes, there are unique medical, psychological, and legal factors to consider in child dog bite cases. Children are particularly susceptible to severe injury from a dog attack due to their smaller size. As such, dog bite cases in California often have unique considerations when they involve injured children, including the following:

• Higher Damages — Courts may award higher compensation to child victims of dog bites. The court takes into account the child’s susceptibility to greater physical and emotional harm.
• Parental Responsibility — Children, in contrast to adults, enjoy an extended deadline for filing a dog bite claim. In California, the statute of limitations for cases involving injured minors doesn’t start until they turn 18. However, parents and legal guardians can file a claim on behalf of their child before that time. Since dog bites can more seriously injure children, seeking damages like medical expenses often needs to be done immediately. In this scenario, filing and pursuing a claim will fall under parental responsibility.
• Structured Settlements — Children cannot legally make financial decisions for themselves. As a result, in significant dog bite cases, courts typically demand structured settlements.

Ultimately, pursuing a claim for dog bites that injure children may require a more delicate approach. To clarify any complex matters and fully understand their legal options after a dog bite, parents or legal guardians can seek the assistance of an attorney experienced in handling these cases involving minors.

How Long Does Suing Someone Take?

The timeline for a personal injury lawsuit in California varies widely. Several factors can impact the timeline, such as:

• The case’s complexity.
• Both parties’ willingness to settle.
• Whether you’ve reached maximum medical improvement.
• Whether your case goes to trial.
• Court scheduling issues.
• A change of venue.
• Issues related to getting a witness to testify.

What Damages Can I Claim If I Sue For An Injury At A Relative’s Home?

You may pursue various damages from your relative for injuries you sustain at their home. Some of them include:

• Medical Expenses — Covers the costs of treating your injuries.
• Lost Wages — Accounts for the paychecks you’ve missed due to the injury.
• Pain & Suffering — Addresses the emotional toll of the accident. You can consider factors such as reduced quality of life and mental distress. Aside from these, you can also seek damages for emotional harm unique to family-related cases.

Is There A Deadline For Suing After Getting Hurt At A Relative’s Home?

Yes, California law generally allows you two years from the date of the accident to file a lawsuit. If you miss this deadline, you may not be able to pursue a case. However, California has specific exceptions and extensions to consider. For example, if the victim was below 18 at the date of the accident, they have until their 20th birthday to file a claim.

Get A Free Initial Consultation With Our Premises Liability Attorneys

Even a loved one can cause an accident that leaves you with severe injuries. That person may not have intended to cause you harm. Nonetheless, you can seek compensation to protect your finances and well-being. If you can’t do so through a personal injury claim, it may be necessary to sue your relative.

Filing a lawsuit against a loved one can be a delicate and awkward process. In such cases, getting legal assistance may be beneficial.

At Arash Law, we understand the sensitive nature of such claims. We can help you navigate the process and offer legal guidance.

Aside from premises liability claims, we also handle car crashes, Christmas tree lot accidents, and other types of incidents. Call (888) 488-1391 today or fill out our “Do I Have A Case?” form here to schedule a free initial consultation with one of our lawyers.