Top Holiday Injury Claims Lawyers See Every December

Lawyers encounter various types of injury claims every December, but some are more prevalent than others. Slippery or cluttered walkways can lead to slip-and-fall accidents, which can result in serious injuries, especially for older adults. Additionally, snow and low visibility elevate the risk of car accidents.

As winter and the holidays approach, California families prepare for gatherings and celebrations. Getting injured during this time can cut the fun time short and even leave you with costly medical bills. If you were hurt this holiday season because of someone else, consider consulting a personal injury lawyer in California.

Free accident lawyer advice can help you make informed decisions on what to do next. Contact the AK Law Firm at (888) 488-1391 for a free initial consultation.

The Most Common Injury Claims Attorneys Handle During The Holidays

December is jam-packed with holiday celebrations. It’s a time for creating special moments. However, certain accidents tend to occur more frequently during the holiday season. During the festivities, it’s essential to be aware of potential safety hazards that could harm you or your loved ones.

The injury claims that lawyers see most often every December include:

Slip-And-Fall Accidents

Cold weather means everything can get slippery. Patios, walkways, sidewalks, and parking lots can get slick and dangerous. This increases the risk of slips and falls during holiday outings. To help prevent these accidents, it’s important to wear shoes with good traction and be mindful of icy patches.

Holiday Clutter Causing Trips And Falls

Trip-and-fall accidents can happen when holiday decorations, extension cords, or cluttered walkways block paths. With increased foot traffic at homes and in public spaces, it’s easy to overlook items left on the ground. To prevent accidents, keep walkways clear and ensure cords are out of the way. Good lighting also helps everyone spot potential hazards before they become a problem.

Accidents On Private Properties

Vacation rentals are popular during the holiday season. With platforms like Airbnb and Vrbo around, many Californians rent private properties for family reunions and gatherings. When accidents occur in these places, you may be unsure of what to do next.

Property owners are required to maintain a safe environment for their visitors. They should warn guests about known hazards and post adequate signs to prevent accidents. If you sustained injuries and are unsure if the property owner is liable, consulting a premises liability lawyer can provide clarity.

Motor Vehicle Accidents

Motor vehicle collisions are more common during the holidays. In December, California roads buzz with excitement as people dash from place to place. However, winter weather and shorter days can create additional challenges for drivers. Due to traffic and slippery roads, fatal car accidents can happen.

In such situations, consulting with car accident lawyers can be beneficial. They can identify who may be at fault and handle communication with other parties. Their assistance is especially valuable when multiple drivers and insurance companies are involved.

Here are motor vehicle accidents that are common during the holiday season:

Rear-End Collisions

When roads get busier, rear-end collisions can happen. These accidents can be caused by icy roads that make it more difficult for cars to stop, as well as by drivers who become distracted by Christmas decorations. To avoid such incidents, follow safe driving practices and stay alert.

Intersection Collisions

Collisions at intersections are common during the holidays. Drivers are in a rush to reach their destinations, and some attempt to “beat” yellow lights, increasing the risk of T-bone collisions at intersections.

Weather-Related Accidents

Winter weather presents challenges, including rain and fog, which can make roads hazardous. In California, drivers may also face wildfire smoke, evacuation routes, or road closures that reduce visibility and disrupt normal traffic patterns. When combined with holiday congestion, these factors increase the risk of collisions. For a safer holiday trip, always check the forecast before heading out.

Driving Under The Influence Of Alcohol

As gatherings increase during the holiday season, drunk driving becomes a greater risk. Following a drinking spree, many people drive and get into accidents.

In 2022, alcohol-impaired fatalities, or those involving a blood-alcohol content of at least 0.08 g/dL, made up 32% of all traffic fatalities nationwide. During the 2021 Christmas Day holiday season, 38% of deaths involved an alcohol-impaired driver.

Victims of these accidents may suffer severe injuries such as:

• broken bones
• spinal damage
• traumatic brain injuries (TBIs)

You can enjoy the holidays however you want. However, do so safely to protect yourself and others.

Parking Lot Accidents

Parking lots are no exception when it comes to accidents. Crowded car parks can lead to minor car accidents, with some involving:

• Pedestrian accidents
• Rear-end collisions
• Backing-out collisions
• Slips and falls

To ensure everyone’s safety, drive within the speed limit and be mindful of pedestrians at all times. Also, use your mirrors and backup camera for support. Staying patient and focused can make navigating busy parking lots a breeze.

Defective Product Accidents

Unsafe holiday gifts and decorations can lead to a range of accidents, particularly when products break, overheat, or fail to function as intended. Defective Christmas items can spark fires, cause electric malfunctions, or create hazards that put children and adults at risk.

If the product came from a major retailer like Walmart and caused harm, consulting with experienced Walmart product liability lawyers can help if you’re harmed by a defective item.

When shopping for decorations or gifts, watch out for:

• Malfunctioning light strands.
• Poor-quality or unstable décor.
• Battery-powered devices that overheat or short-circuit.
• Unsafe toys that pose choking or assembly hazards.

If a faulty holiday product causes an accident, you may be able to pursue a product liability claim.

Common Injuries Caused By Defective Toys & Holiday Gifts

Finding the perfect gift for a loved one is already challenging. However, you must also consider the risk of injuries from defective toys and holiday gifts. The first thing you should look for when buying gifts, especially for kids, is the product’s safety.

The latest report from the U.S. Consumer Product Safety Commission (CPSC) emphasizes the importance of safety when selecting toys for kids. In 2023, there were 10 fatalities and around 154,700 injuries treated in emergency departments among kids aged 12 and younger. Here are some common injuries to watch out for to help keep your celebrations merry and safe:

Choking & Suffocation

Small toy parts or loose packaging can easily become choking hazards. Soft toys with detachable parts or plastic bags can also pose suffocation risks.

Poisoning

Some toys may contain toxic materials that can cause serious poisoning. Always check labels and keep hazardous materials out of children’s reach. If your child gets sick due to an unsafe toy, you may be able to file a claim against the manufacturer.

Burns

Battery-powered toys, as well as certain holiday decorations, can overheat or malfunction. If the manufacturer fails in quality control of their products, this can also result in a valid claim.

Lacerations And Puncture Wounds

Sharp edges from toys can cause these types of injuries. Select age-appropriate toys to prevent injuries in children.

Bone Fractures And Crush Injuries

Ride-on toys, such as scooters and bikes, can cause falls or crush injuries. Victims may also sustain fractures, dislocations, or damage to joints and bones. Some individuals require long-term physical therapy or chiropractic care to achieve a full recovery.

Eye Injuries

Toys with projectiles or pointed edges can cause eye injuries. It is advisable to supervise children when playing with these types of toys to guide them on how to use them safely.

Holiday Shopping Accidents

The holiday season brings a surge of visits to bustling retail stores. With more people out and about, the risk of store injuries also increases. Some of these accidents can be traced back to negligence on the part of the business.

Property owners can also be liable for injuries. If they fail to maintain the safety of their premises or warn visitors about potential dangers, they may be held liable. When this happens, it’s advisable to consult a premises liability attorney. They can help you find out if negligence is involved.

Holiday premises liability claims often involve:

• Slips and Falls — Icy entrances, wet store floors, and Christmas tree lot accidents can lead to injuries. If owners fail to maintain safe conditions or provide adequate warnings to visitors, they may be held liable for any resulting injuries.
• Shopping Injuries — Crowded aisles and hectic holiday rushes can cause pushing, tripping, and collisions. Stores that fail to control crowds or maintain safe aisles may face claims for injuries.
• Decorative Hazards — Loose lights, cords, inflatables, and ornaments in walkways can create trip risks. Businesses must secure decorations and warn customers to avoid liability in the event of an injury.

What To Do If You Sustain An Injury During The Holidays

Accidents during the holidays are preventable, but not inevitable. Even with the best precautions, injuries can still occur unexpectedly. Here are recommended steps to consider if you get injured:

• Seek Medical Attention — This should be your top priority. You might not see or feel your injuries immediately after an accident. By seeking medical help, you can identify underlying injuries.
• Document the Incident — Take photos, videos, and jot down details of what happened. If there are witnesses, ask for their names and contact information.
• Report the Accident — If the accident occurred in a commercial space, notify the store manager. If possible, contact law enforcement.
• Keep Your Medical Records — Save all documents related to your injury. These are important if you need to file an insurance claim or pursue legal action. These records may include:
  • Medical bills
  • Doctor’s notes
  • Prescriptions
  • Test results
• Consult a Personal Injury Attorney — They can assess your situation and explain your legal rights. They can also help you find ways to pursue compensation.

How Can Personal Injury Lawyers Help After A Christmas Disaster?

After an accident, dealing with bills and insurance calls can be overwhelming. If you find yourself wondering, “Do I need a personal injury lawyer?” here’s a brief answer: Personal injury lawyers can help you navigate the legal process. They can:

• File Your Claim — Lawyers know what information and documents you need for your claim.
• Negotiate with Insurance Providers — They can negotiate with insurers to pursue an amount that reflects your losses, which may be more than the initial offer.
• Legal Representation — Let’s say the negotiation didn’t come to a resolution. Your attorneys can escalate your case to court and handle the litigation process.
• Collect Evidence — To support your claim, a skilled lawyer will collect evidence to help prove who was at fault and show how the accident affected your life.

Frequently Asked Questions About Holiday Injury Claims

There’s no doubt that an accident comes with a lot of confusion. A little awareness goes a long way with this situation. Here are answers to frequently asked questions about holiday injury claims:

What Is One Of The Most Common Injuries During The Holiday Season?

According to the Consumer Product Safety Commission, about 160 decorating-related injuries occur each day in the U.S. during the holiday season. Nearly half of these accidents involve falls, which often result in broken bones, concussions, and pulled muscles. Approximately 14,900 people visited hospital emergency departments for injuries related to holiday decorating in 2023.

Are There More Accidents On Christmas?

Yes, there tends to be an increase in accidents around Christmas, particularly in traffic-related incidents. NHTSA reports fatalities in crashes involving one or multiple drivers show a significant spike during the Christmas holiday period.

December remains a high-risk month for impaired driving. In 2023, it accounted for 1,038 deaths, and when you look back at the five Decembers from 2019 to 2023, the combined total rises to more than 4,931 lives lost. Most DUI accidents occur during holidays, not just Christmas.

How Long Does It Take For A Personal Injury Claim To Settle?

Each case is unique, so there’s no average time frame for claims to settle. Several factors can influence how long the process takes, including:

• Severity of the Injury — Serious injuries may require longer treatment and recovery. This can slow down the settlement process.
• Case Complexity — Cases with multiple parties often take more time to resolve. The reason for this is usually unclear liability or disputed facts.
• Medical Treatment Duration — Claims typically settle once medical treatment is complete. However, ongoing or long-term care may extend the timeline.
• Insurance Company Response — The speed at which the insurance company investigates and responds affects how long the claim takes to resolve.
• Litigation — The process may take some time if negotiations fail and the case proceeds to court.

How Much Does It Cost To Hire A Lawyer In California?

In California, personal injury lawyers typically work on a contingency fee basis. They only receive payment if the case results in a successful payout. The standard contingency fee is usually a percentage of the total settlement amount. So if you’re wondering, “Do lawyers only get paid if they win?” that’s how contingency fees work.

This fee can vary depending on the complexity of the case and the terms agreed upon between you and your lawyer. However, you may also incur additional case-related costs regardless of how your case resolves.

What Is The Time Limit On A Personal Injury Claim?

The time limit for filing a personal injury claim, referred to as the statute of limitations, is typically two years from the date of the injury. If you do not file your claim within this timeframe, you may lose your right to seek compensation. There are some exceptions, such as:

• Claims Involving Minors — The statute of limitations is “tolled” for most minor personal injury lawsuits until the victim turns 18. This means they have until their 20th birthday to file a case.
• Discovery Rule — For injuries not identified immediately, the clock starts from the date of discovery or the date the victim reasonably should have known.
• Claims Against Government Entities — Administrative claims must be filed within six months of the incident.

Consulting a personal injury lawyer right away can be helpful if you sustain injuries during the holidays. They can determine which deadline applies to your case and assist you in managing the legal process.

Contact A Skilled Lawyer For Assistance On Your Injury Claim

Accidents can happen at any time of the year. However, holiday-related injuries can be bothersome or overwhelming. Our goal at Arash Law is to provide legal support to victims seeking compensation and justice. Contact us to discuss your case.

If you or a loved one got injured during the holidays, our personal injury lawyers in California can guide you through your injury claim.

Call us at (888) 488-1391 or complete our “Do I Have A Case?” form to schedule a free initial consultation. You can also ask questions and clarify any concerns about our onboarding process.