Holidays are meant to be a time for celebrations, giving and spending time with loved ones. There are many hazards such as dangerous motor vehicle accidents, slips at stores, falls off ladders and home fires that occur during the holiday season.
It is important for you to know the steps to take immediately after a holiday accident which can significantly help your case. Following an accident you should:
- Call emergency services and get medical attention.
- File a police report.
- Contact your insurers.
- Take photographs of the scene of the accident or obtain video footage of the accident occurring.
- Obtain witness statements from anybody who saw the accident happen. This could include friends or family who were with you at the time, but independent witnesses add more credibility to a claim.
- In case of a motor vehicle accident, you should obtain the other driver’s details.
- Do not admit fault.
- Keep a record of medical expenses.
- Contact an experienced Houston personal injury attorney.
If you are seriously injured, seek medical attentions as quickly as possible. But if you have a choice, consider waiting until the morning after a holiday or for a few days more.
During the ongoing pandemic, a visit to the hospital on a holiday comes with increased risk factors including:
- Higher chance of coming in direct contact with a Covid positive person.
- Hospitals are usually under staffed during the holiday season.
- Most hospitals employ inexperienced staff during holidays as regular doctors and nurses choose to take days off during holiday season.
- Hospital staff members are mostly fatigued, sleep deprived and work long hours during holidays.
- Patients are discharged quickly and sometimes are not properly diagnosed or treated.
- Hospitals can be chaotic during the holidays as there is a spike in visits to the emergency room due to injuries because of kitchen mishaps, slip and fall accidents while shopping and alcohol related accidents.
The probability of a medical malpractice occurring during the holiday season is high. If you or your loved one has been a victim of a medical malpractice in Houston during the holiday season, you deserve to be duly compensated for the injuries suffered and other damages.
PREMISES LIABILITY.
Fewer people are physically visiting the stores due to the pandemic and also because of :
- Improved online shopping experience.
- Economic concerns and less spending power in the hands of the average American.
- Fear of contracting the Corona virus.
- Fear of injury and infection.
In the past few years aggressive behavior of some shoppers during holiday sales has resulted in serious injury and even death. Store owners must ensure that their property is reasonably safe for patrons and shoppers. Employers should seek to keep premises free from hazards and provide adequate working conditions for employees. Security personnel should make sure shoppers practice social distancing and wear masks while shopping.
SLIP AND FALL ACCIDENTS.
If you suffer a fall or slip during the holidays due to the negligence of somebody else, then you are entitled to claim compensation.
Examples of such negligence include:
- Custodial staff not placing warning signs when the floor is wet.
- Stores not cleaning spillages in time.
- Poorly lit areas causing one to trip on uneven surfaces.
One should take the following precautions to lessen the risks of taking a tumble:
- Be aware of surroundings.
- Make sure you have proper footwear on with soles that have grip on them.
- Look out for wet patches and avoid walking on them.
- Take smaller steps and keep hands free to maintain balance and use railings whenever possible.
MOTOR VEHICLE ACCIDENTS.
Motor vehicle drivers in Texas must adhere to a duty of care that prevents others around them from sustaining foreseeable harm. To prevail in a negligence case, a plaintiff must prove that the defendant breached his or her duty to protect the injured victim.
Reasons for motor vehicle accidents during the holiday season include:
- ROAD CONGESTION. There are more cars on the roads during the holidays due to road trips, last minute holiday shopping and outdoor events. Naturally with more cars on the roads, there is an increased chance of a collision occurring.
- DRUNK DRIVING. Many motorists during holidays are going to or returning from parties. Being drunk makes drivers drive erratically and tends to slower their response times.
- STRESS. Holidays can be full of stress as Texans are on the roads to buy gifts, decorations and other necessities. Crowded stores and being stuck in traffic jams can cause stress and fatigue which can lead to negligent driving.
- POOR VEHICLE MAINTENANCE. During the holidays, many individuals tend to save for the holidays and ignore spending on maintenance and repairs of their vehicles.
PRODUCT LIABILITY.
Everybody is excited to open their gifts. It can be a harrowing experience to find a defective product as a gift. Some of the causes for defective products include:-
- Poor design.
- Defective material used in the production.
- Failure to warn of the risks involved in the use of the product.
The manufacturing company can be held liable for the defective product.
STATUTE OF LIMITATION FOR FILING A HOLIDAY ACCIDENT CASE IN TEXAS.
There are specific time limits, restrictions and rules for filing an accident claim. An experienced holiday accident lawyer ensures that you fully understand the Federal, State and Local laws relating to the type of personal injury that might apply to your case. Texas statute of Limitations for most personal injury accidents, besides medical malpractice related claims, is two years after the accident occurred. In general terms, residents of Texas have two years from the date of the accident to initiate a civil lawsuit for personal injuries other than medical malpractice related injuries.
A victim of a medical malpractice has 2 years from the date of the negligent treatment or 2 years from the discovery of injuries suffered due to the medical malpractice to file a lawsuit.
It is in the best interests of the plaintiff to enlist the services of an experienced personal injury lawyer who has handled holiday accident claims.
COMPENSATION FOR VICTIMS OF HOLIDAY RELATED ACCIDENTS.
Our Houston holiday Injury lawyers help victims recover:
- Medical Bills.
- Lost Wages.
- Damages suffered due to Pain and Suffering.
- Damages suffered due to Emotional Distress.
- Costs of future corrective surgeries.
CONTACT A HOUSTON HOLIDAY ACCIDENT LAWYER.
If you or your loved one has been injured during the holiday season due to the careless or negligent act of somebody else, you deserve to be duly compensated for the injuries suffered and other damages. Call an experienced holiday accident lawyer at our firm for a free case evaluation right away.
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