St. Patrick’s Day is a literal green day for Americans, especially those with Irish heritage. People indulge in green beer while wearing fun green outfits and have fun all around.
Unfortunately, St. Patrick’s Day is also one of the deadliest celebrations in the U.S. This unofficial holiday sees people suffering minor to severe injuries every year. Excessive alcohol consumption heightens injury risk and even increases the risk of death because it often leads to drunk driving.
You may have grounds for a personal injury claim if you sustain an injury because of someone else’s negligence during St. Patrick’s Day celebrations.
However, it is important to know how the legal process works if you want to successfully claim compensation for medical bills and lost income.
Common Injuries on St. Patrick’s Day
St Patrick’s Day is synonymous with drinking, but sometimes, people take the drinking part too far and become negligent enough to cause injuries.
For instance, drunk driving is one of the most common dangers on St. Patrick’s Day. Motorists, cyclists, and pedestrians are all at risk of injury or death due to the increase of drunk drivers on the road.
There is also a marked increase in assault cases on St. Patrick’s Day. These cases arise from bar fights or domestic violence that lead to injuries such as cuts, bruises, and even severe head trauma.
Bars are always crowded, and as people drink more, they also spill more. Wet floors are a hazard, which is why so many people slip and fall on St. Patrick’s Day.
With the increase in drinking, there is also a heightened risk of alcohol poisoning. This is especially dangerous in cases where adults provide alcohol to minors or if a bar keeps serving a visibly drunk patron more drinks.
What Are the Legal Grounds for a St. Patrick’s Day Injury Claim?
If you are injured on St. Patrick’s Day and want to file a personal injury claim, you must prove negligence. This means proving that another person’s actions caused you to get hurt. Proving negligence depends on the following factors:
Duty of Care: If you were in a bar at the time of your injury, the duty of care would fall on the bar owner. This means the bar owner may not have fulfilled his care of duty to serve alcohol responsibly and maintain a safe environment for customers.
Breach of Duty: If the bar owner is the at-fault party, you must prove they breached their care of duty. For example, if a drunk patron assaulted you, you must prove that the bar owner allowed the patron to keep drinking after they were already intoxicated. If you are injured in a fight between other patrons, you must prove that the bar owner failed to prevent the fight.
If you slipped and fell, you must prove that the bar owner did not maintain the walking surfaces inside their establishment.
Causation: You also need to prove negligence through causation. For example, the at-fault party’s (bar owner) breach of duty must be directly linked to your injury. This means that if the bar owner was not negligent, there would be no way for your injury to occur.
Damages: If your injury results in economic damages like medical bills and lost income, you can and should file a personal injury case.
Depending on the circumstances of your injury, other factors may come into play when you file a personal injury case. This includes shared liability or dram shop laws. Shared liability refers to assigning blame to more than one party, which impacts how much compensation you can claim.
Dram shop laws allow third-party victims to file a civil lawsuit against bars, liquor stores, and even stadium vendors that sell alcohol. If you are a third-party victim injured by a drunken minor, dram shop laws allow you to file a lawsuit against the person who sold alcohol to the minor.
How to Go About Filing a Personal Injury Claim
In addition to proving negligence, you should also gather evidence to support your personal injury case. The most important types of evidence include the following:
Medical records: A medical report detailing your injury and treatment is the most important evidence you can present. Your medical records can link the incident at the bar with the injuries you sustained.
For example, if someone attacked you with a broken beer bottle, your medical record would show that your injuries are consistent with this type of assault.
You should also keep a record of all doctor’s appointments after the initial ER examination and invoices and receipts of ongoing treatment.
Police report: If you were involved in an accident with a drunk driver and sustained injuries, you must get a copy of the police report about the incident. This document will detail the accident scene and contain witness statements. It may even potentially identify the at-fault party.
Witness statements: You can also get statements from witnesses if they saw first-hand how you sustained your injury. Witness testimony will be invaluable for your case.
Photographs and videos: Take photos of the site where the injury occurred. If you were injured in a car accident, take videos of the accident scene. If someone assaulted you inside a bar, take photos of your injuries and the area in the bar where you sustained the injury.
In addition to collecting evidence, you must also provide a detailed account of what happened before and after you were injured. This account should include the time and place where you were injured, as well as the actions of the at-fault party.
Protecting Your Rights After a St. Patrick’s Day Injury
Working with a lawyer to represent you during your personal injury case could be the best decision you can make. Your lawyer will protect your rights throughout the legal process and also conduct their investigation into the incident that caused your injury.
Moreover, your lawyer will negotiate a settlement on your behalf and take your case to court if a settlement is not reached.
Consulting a personal injury lawyer is the best way to ensure you receive the settlement you deserve. By following the above steps, you can hold the at-fault party accountable for their actions while you focus on your recovery.
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