When you think about a slip and fall accident, you may not immediately think about a child as the victim. However, children can be injured in falls just as adults. Slip and fall accidents can cause spinal cord injuries and traumatic brain injuries, which can cause long-term impairments for children.
If your child is injured in a fall, you should not assume that your child is at fault. In some cases, the environment could be the reason for the fall. Whether your child falls on the playground at school, in a store, or at a resort, you should seek medical attention for your child as soon as possible. In some cases, your child may not know how to express the symptoms he or she is experiencing. A trained doctor can often determine if an injury has occurred even if a child is not complaining of specific symptoms.
Four Consequences of a Slip and Fall Accident for a Child
A child may not have lost wages and some of the other damages incurred by an adult who is injured in a slip and fall accident. However, children can suffer a variety of damages related to the fall and the injury:
High Medical Bills
Depending on the severity of the injury, you could incur high medical bills to treat your child’s injury. In addition, your child may require ongoing or future medical care to treat the injury. In some cases, as a child grows, he or she may require additional surgeries or physical therapy because of the injury.
A fall can result in an injury that causes permanent impairments. These impairments could impact your child’s future employment opportunities. Your child may be entitled to compensation for this loss in a personal injury claim.
A slip and fall accident can interfere with your child’s education. If your child must be out of school for a long period because of the injury, catching up can be difficult. Your child may require a tutor or other assistance to catch up to protect your child’s educational future.
Loss of Activities
Your child may miss a lot of activities because of the injury. If your child plays sports, will your child be able to return to that sport? Is your child missing recitals or lessons because of the injury? A slip and fall injury can prevent your child from participating in normal activities, which can have a significant negative impact on his or her quality of life.
Filing a Slip and Fall Personal Injury Claim for a Child
Our Sacramento slip and fall attorneys represent children and their parents as they seek compensation for injuries sustained in a fall. It is important to seek competent legal counsel to protect your child’s right to receive full compensation for all injuries and damages.
The severity of the injuries sustained in an accident typically determines whether a person misses time from work. Some accident victims may miss a few days or no time from work after an accident. However, other accident victims may be out of work for weeks or months after a crash, especially if they require surgery to treat their injuries.
If an accident victim does not cause the collision, he or she is entitled to compensation for their injuries, losses, and damages. Lost wages is common damage included in accident claims. However, accident victims do not receive immediate reimbursement for financial losses, including loss of income.
When Does the Insurance Company Reimburse Me for Lost Wages?
Unfortunately, you will not receive compensation for your lost wages until your claim is settled. An accident claim should not be settled until you complete medical treatment for your injuries. Settling the claim before your doctor releases you could result in a much lower settlement amount.
It is impossible to know the exact total of your out-of-pocket losses until you are released to go back to work or your doctor tells you that you have a permanent disability that prevents you from working. If you are unable to return to work because of an impairment, your damages will be much higher. When you settle your claim without this information, you could lose hundreds of thousands of dollars in compensation.
Therefore, even though you may need the money, it is not in your best interest to settle your accident claim too soon. However, you also need to be aware of the deadline to file lawsuits in California. If you have not settled your claim before the deadline expires and you do not file a lawsuit, you can lose your right to recover compensation for your claim.
Calculating Loss of Income After an Accident
Calculating the loss of income sustained because of an accident and injury can be complex. An accident victim could have several types of lost income to include in the claim. Examples of damages in this category include:
Past Lost Wages
Past lost wages equals the total of all lost income from the date of the accident through the date of settlement. When calculating past lost wages, you can include bonuses, overtime, commissions, and other forms of income that you would have earned had it not been for the accident.
Future Lost Wages
If you are unable to work because of a permanent disability caused by the accident, you can also receive compensation for future lost wages. Future lost wages are more difficult to calculate. In many cases, we consult a financial expert to calculate future lost wages based on several factors such as your age, occupation, anticipated age of retirement, and life expectancy.
Loss of Earning Capacity
A loss of earning capacity may result when you suffer a disability that impairs your ability to earn the same income as you did before the accident. We also may consult a financial expert to calculate the loss of earning capacity.
Contact a Sacramento Accident Attorney for More Information
In some cases, loss of income may equal a substantial portion of an accident claim. You need to ensure that you calculate the value of your lost income correctly to maximize the amount of compensation you receive for your accident claim.
The holidays are a wonderful time to celebrate with family and friends. From decorating Christmas trees and homes to baking cookies and attending holiday parties, there is always something to do during the holidays. Even though you are busy during the holidays, it is important to remember to rest and relax. When we are rushed and tired, the risk of accidents during the holidays increases. If we are not careful, our holidays can be interrupted by an accident that causes us or our loved ones to be seriously injured.
Common Accidents During the Holidays
Falls are common during the holidays as homeowners are decorating the inside and the outside of their homes. Falling from rooftops and ladders can cause serious head and back injuries. In some cases, falls can result in permanent disabilities and impairments. Be extremely careful when decorating your home to avoid slip and fall accidents during the holidays.
Burns and other injuries from fires can increase during the holidays. Candles, Christmas trees, overloaded electrical outlets, frayed extension cords, and holiday cooking can cause fires. Injuries from fires cause scarring and disfigurement. In some cases, burns can cause permanent nerve damages. To avoid fires during the holidays, always check extension cords and outlets for damage, never leave candles unattended, stay in the kitchen when cooking, and keep Christmas trees watered each day.
Automobile accidents during the holidays can cause traumatic injuries. Your risk for an auto accident increases during the holidays for several reasons. Common causes of car accidents during the holidays include crowded parking lots, distracted drivers, speeding, and drunk drivers. Remember to practice safe driving behaviors and wear your seatbelt to reduce your risk of car accidents during the holidays.
Choking hazards are a serious threat during the holidays. Small, shiny Christmas decorations are a temptation for children. Hard holiday candies are another choking hazard that can cause serious injuries to children and adults alike. Keep small ornaments and decorations out of the reach of children and always watch children closely when they eat hard candies. Also, make sure that any toys Santa delivers on Christmas do not have small parts that could pose choking hazards for small children.
Many holiday plants are poisonous to humans and animals. If you are using poinsettias, mistletoe, or holly berries to decorate, make sure that they are kept out of reach of children and pets.
Contact a Sacramento Personal Injury Attorney for Injuries in Accidents During the Holidays
We wish everyone a safe and happy holiday season. However, if you or a family member is injured in an accident this holiday season, our staff is here to help you with your claim. Contact our office to speak with a Sacramento personal injury lawyer about your case.
Slip and falls can happen at any time during the year. However, during the holidays you will probably visit stores, restaurants, and other venues more than you are during other times of the year. You are also likely to attend more parties during this time of year. Therefore, you may be at risk of being injured in a holiday slip and fall.
Why are Holiday Slip
and Falls Common?
Stores have additional merchandise for the holidays that may be stacked precariously or blocking walkways. Stores have a duty to keep walkways clear for customers. In addition, merchandise should not be stacked or stored in a manner that could shift causing a customer to fall.
Additional crowds in restaurants and stores may result in spills that are not immediately cleaned up because wait staff or workers are too busy because they are short-staffed. Also, hosts who may not often entertain in their homes need to be aware of potential holiday slip and fall hazards that could cause a guest to be injured.
What Should You Do After
a Holiday Slip and Fall?
You cannot control your surroundings, but you can be aware of your surroundings. Look out for hazards that could cause a trip and fall. However, if you are injured in a holiday slip and fall, there are some steps that you should take to protect your legal right to seek compensation for your injuries.
- Report the fall immediately to the property owner or the manager. Ask for a copy of the written incident report. If the person does not create a written report, you need to make sure to note the person’s name and title, as well as the date and time you made the report.
- If there are eyewitnesses, ask for the witnesses’ names and contact information.
- See a doctor, regardless of the severity of your injury. You may not believe you are seriously injured. However, you may begin to experience injury symptoms. Any delay in medical care could be used against you by an insurance provider.
- Preserve your clothing and shoes in the event you need to file a claim and questions arise as to what you were wearing at the time of the fall.
- Refrain from discussing the fall or your injuries on social media. If possible, do not use social media after an accident. Consult with an attorney to avoid social media mistakes after a holiday slip and fall.
- Keep detailed notes of all meetings and conversations with anyone regarding your fall.
- Do not provide a written or recorded statement to any party before you consult with a Sacramento slip and fall attorney.
Contact a Sacramento
Slip and Fall Attorney Now
If you are injured in a slip and fall, California’s premises liability laws allow you to seek compensation for your injuries from a negligent property owner. Laws related to slips and falls can be complex. We encourage you to discuss your claim with one of our Sacramento slip and fall attorneys as soon as possible.
When another party’s negligence or recklessness injures you, you may receive compensation. California’s personal injury laws allow accident victims to file a Sacramento injury claim for a variety of losses and damages. Damages that are compensable in a Sacramento injury claim include:
- Cost of medical care
- Loss of income
- Permanent disability or impairment
- Physical pain and suffering
- Scarring and disfigurement
- Emotional and mental suffering
- Other financial losses and expenses
Calculating the Value of a Sacramento Injury Claim
The value of your Sacramento injury claim depends on several factors. Four of the top factors that impact the value of your personal injury claim are:
Whether you are partially at fault for the cause of the accident.
Under California’s pure comparative fault laws, your compensation decreases by the percentage of fault assigned to you for the accident. For example, if you are 30 percent at fault for the accident, the maximum compensation for your claim is 70 percent of your damages.
The available insurance coverage.
If the other driver carries minimum insurance coverage, the insurance provider is only obligated to pay compensation up to the policy limits. You can try to collect compensation from the driver. However, if the driver carries minimum insurance coverage, he may not have assets that could be seized to satisfy a judgment.
Therefore, it is wise to carry maximum uninsured and underinsured motorist coverage to protect against drivers who carry the minimum insurance coverage or drive without insurance coverage.
Type and Severity of Injuries
In most cases, the value of a Sacramento injury claim increases when the victim suffers a permanent disability. Ongoing medical costs, future lost wages, and a loss of earning capacity can substantially increase the value of an accident claim. In addition, the value of pain and suffering damages increases for traumatic injuries and permanent impairments.
Accident victims are typically entitled to receive compensation for financial losses related to the accident, their injuries, and their recovery. Other out-of-pocket expenses that are generally compensable in a Sacramento injury claim include travel expenses, help with household chores, personal care, medications, medical equipment, and personal care services. In many cases, the length of your recovery impacts the value of your accident claim. You continue to incur expenses during your recovery.
Do You Need a Sacramento Car Accident Attorney?
If another driver injured you, it is important to understand your legal options for recovering compensation. However, it can be difficult to calculate the value of a Sacramento injury claim if you have never filed an accident claim. Therefore, hiring an experienced attorney who understands the various factors that impact the value of a claim can increase your chance of recovering a fair and just amount for your accident claim.
For a free legal consultation, you can contact The Tiemann Law Firm by calling (916) 999-9000 or by visiting our website. In most cases, our Sacramento personal injury attorneys accept cases on a contingency fee basis. Therefore, you do not need to worry about paying our attorney fees unless we recover money for your claim.