How Do You Claim Your Elevator Injury Settlement?
Most state personal injury laws allow anyone who has had an elevator injury to file a lawsuit against the parties responsible for the accident. A personal injury settlement lets victims seek a monetary settlement, which can cover lost income, medical bills, as well as pain and suffering. Parties who could be held responsible for elevator accidents comprise the property owner or manager, the elevator manufacturer, the elevator maintenance company, and more. Here we discuss in-depth what you can do if you have had an elevator injury.
What to Do After an Elevator Accident
Once you have suffered an injury resulting from an elevator accident, you can file a personal injury lawsuit. This would allow you to sue for any damages that have been caused to you as a result of the accident. The parties who have either caused or are in any way responsible for the accident will be known as the ‘defendants’, and they may be liable for any damages. These parties may have been involved in the operating, maintenance, or designing of the elevators. They can include:
- Architects
- Engineers
- Property owners
- Elevator manufacturer
- Elevator seller
- Elevator maintenance company
- Elevator company employee
Which of the above is liable for your damages depends on who was responsible for the accident. Most elevator accident claims derive from either premises liability, product liability, or negligence. Being able to determine the type of your accident, and thus who is responsible, is the first step in claiming your elevator injury settlement.
Even if you (the plaintiff) were somewhat responsible for the accident, you may still be able to claim damages from the defendants above.
How Can You Demonstrate Negligence?
Out of all the types of elevator accidents, negligence is typically the most common. To show that the defendant was negligent in their duty, you will have to prove that:
- You were owed a duty of care by the defendant(s)
- This duty of care was breached by the defendant(s) through negligent action or inaction and
- The defendant’s negligence was a significant factor in causing harm or death arising from the elevator accident
In certain cases, an employee may have been responsible for causing the accident, yet s/he may not have enough money to cover your damages. That does not mean that you would not receive compensation, however: under “Respondent Superior” laws, employers may be held liable for employee negligence.
What Types of Settlements Can You Obtain?
Personal injury lawsuits include the injured victim suing the defendant for any damages caused by the accident. Elevator accident lawsuit settlements will consider any financial losses that you suffered, as well as compensation for noneconomic harm caused to you by the accident. Compensatory damages might cover:
- Physical therapy
- Medication and medical supplies
- Medical bills
- Long-term care
- Lost wages
- Injury to reputation
- Loss of consortium
- Loss of future income
- Pain and suffering
The Next Step to Take
If you are a victim of an elevator accident and believe that you have cause to sue, you can contact a reputable elevator accident attorney. The process of filing a claim may be too onerous to handle on your own, particularly if you are recovering from an accident. An attorney will be able to help you fight your fight and provide you with the best advice and resources for an optimal outcome. Contact us today to request a free consultation.