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For many, the winter holidays are a magical time of twinkling lights, good food, and time spent with loved ones. As George Salinas, founder of George Salinas Injury Lawyers, PLLC, explains, they are also one of the busiest times for personal injury attorneys.

According to Salinas, this spike in lawsuits is due to multiple factors.

Why litigation climbs during the holidays

“The holidays are filled with many celebrations, parties, dinners, and get-togethers with friends and family,” Salinas said. “As a result, both alcohol sales and consumption increase during this time.”

Indeed, December is one of the leading months for alcohol purchases, which tend to skyrocket to a year-round high on New Year’s Eve.

“Unfortunately, not everyone chooses to use a rideshare app, resulting in many more accidents during this time due to drivers that are intoxicated or impaired,” Salinas continued.

The National Highway Traffic Safety Administration backs up this contention: “Drunk driving is a problem on our nation’s roads every day, but it’s more prevalent during the holidays. During the New Year’s and Christmas periods in 2020, there were 209 drunk-driving-related fatalities. These deaths were 100% preventable. In 2020, there were 11,654 people killed nationwide in drunk-driving crashes, accounting for nearly one-third of the crash fatalities that year.” 

“We also see much more traffic on the road with holiday travelers and shoppers,” Salinas added.

AAA validated this point, recently estimating that nearly 113 million Americans traveled 50 or more miles between December 23 and January 2, 2022, which constituted 3.6 million more people than the previous year.

In essence, increased alcohol consumption plus increased traffic equals increased accidents; the more accidents, the more lawsuits from those seeking damages. That’s why the winter holidays are one of the busiest times of year for personal injury lawyers.

Other high-risk times

But the winter holidays aren’t alone for this reason. According to Salinas, personal injury lawyers see spikes in accidents during most major holidays due to drinking and driving.

“We also see increased lawsuits around holidays during the warmer months,” Salinas said. “Barbeques and beach, lake, and river outings generate increased alcohol consumption, and with it, increased legal exposure.”

An exception to this rule is Valentine’s Day, which Salinas said doesn’t usually result in an uptick in cases.

What to do if you have been in an accident

If you have been in an accident and might have a personal injury case, Salinas recommends taking a number of steps.

“First, make sure to contact the police and fire/EMS,” he said. “It may sound obvious, but we sometimes see people who are panicked and lose their train of thought at an accident scene. Exchanging information with another driver and not calling the police is never a good idea.

“Second, get evaluated for medical care if you are feeling any kind of pain or discomfort. It’s important to be seen by a medical provider as soon as possible so that this can be documented and treatment to stabilize the pain can be provided.

“Finally, contact a qualified, well-respected personal injury law firm. The claim process is a minefield by design where insurance companies use mistakes made by unsuspecting injury victims to deny them compensation. Find out who a trusted and well-reviewed law firm is in your area and bring them on board from the very beginning.”

How to tell if you have a viable case

When asked what criteria possible claimants should use to determine whether or not their personal injury case could be successful, Salinas emphasized the importance of ascertaining who was to blame.

“Was someone else at fault for causing the injury? That’s the biggest thing to look for first,” he said. “We call this ‘negligence’ in the legal world. In simple terms, did you get hurt because someone failed to act with reasonable care? If so and you were hurt, then you have a potential case.”

Just because someone else caused the injury doesn’t mean the case is viable, however. “The next important question is whether there is insurance that covers the harm,” Salinas said.

The defendant’s insurance coverage is important because, without it, the victim risks receiving little reparation even after winning the case. For instance, defendants who do not already possess a large amount of money can go bankrupt rather than pay the full damages. When insurance coverage is available, however, the insurer will pay the victim on behalf of the defendant. Since these companies have vast resources, claimants are much more assured of actually receiving the funds they are owed from winning the case.

If you have a promising case, then time is of the essence.

“Every state has different deadlines and laws that apply to personal injury claims,” Salinas said. “Because these vary, it’s important to get counsel immediately so that you can stay ahead of any possible deadlines or issues that can prejudice your right to recover any damages.”

How to hire the right personal injury lawyer

While many personal injury lawyers can help you with your case, not all are worthy of your business. But how can you tell which is the right to hire?

“Find firms that focus on representing injured victims and have experience doing it for many years,” Salinas advised. “It’s also important to check Google reviews. When telling the lawyers about your case, ask them to discuss other similar cases and results they have achieved.”

George Salinas Injury Lawyers, PLLC, is a particularly good choice for possible claimants due to its track record of success.

“We focus on providing top-notch customer service and achieving maximum compensation for our clients,” Salinas said. “Every single member of our large team is dedicated to giving our clients the best experience going through this process that they possibly can. From top to bottom, our folks understand the premium we place on client satisfaction.”