Elevator Accidents – Financial Recovery for Injury Victims
Were you involved in an elevator accident that resulted in serious injuries? Did you lose a loved one, who died from being injured in an elevator accident?
Elevators have been widely used since the 1870s, and many of us get inside these contraptions multiple times a day. When an elevator is properly constructed, installed, and maintained on a regular basis, it is a safe and useful machine that makes it easy to get from one level to another. Unfortunately, elevators can fail for all sorts of reasons, and the people inside can end up with catastrophic injuries.
Those who are injured from a dangerous elevator can file a claim for medical expenses, pain and suffering, lost wages, and other forms of compensation. An elevator injury attorney here at DTLA Law Group can talk to you about your rights and legal options. Please contact our legal team if you would like to receive a free consultation.
How Dangerous are Elevator Accidents?
Whether you are at a mall, airport, or the building you live in, elevators are machines that we get into for the purpose of getting from one floor to another. For some, an elevator is an absolute necessity, as they have a disability or health condition that makes it impossible for them to use the stairs.
Rarely, do we even think of the harm that can happen if there are problems with an elevator. However, elevators have the potential to cause extreme damage to the person inside, including death. We also have to consider the emotional trauma of being trapped in an elevator, even if you are not injured. It seems like all you have to do is press the “Open Door” button to get out, but this may not be possible depending on where the elevator has stopped (in between floors, for example). If there is a failure to maintain the elevator, controls like the emergency alarm button may not work, meaning you are trapped without anyone knowing where you are.
Data from the CDC shows that a little over half the deaths associated with elevators are caused by falls, like people falling down an elevator shaft or the cabin plummeting to the ground. Over 30% of injuries are caused crushing incidents, where the occupant is caught between objects like the elevator doors. Then, there are elevator accidents caused by electrocutions, ceiling collapse, and other factors.
How can People be Injured by an Elevator?
According to the Center for Disease Control, there are nearly 10,000 elevator accident injuries every year, and around 30 of those result in death. The main cause of death and severe injury is the elevator cabin falling down the shaft while people are inside. But elevator passengers can also get hurt by:
- Falling down empty elevator shafts if the safety doors are open
- Elevator moves too fast or stops abruptly, causing the rider to fall down
- Floor misaligning with the ground, leading to trip and falls
- Crushing injuries caused by doors closing too soon
- Electrocution or burn injuries from faulty wiring in the elevator or building
- Fumes in elevator shafts – toxic chemical exposure, resulting in asphyxiation and brain injury
- Collapsing of the elevator platform
There is no denying that an elevator accident has the potential to ruin your health and finances. But it doesn’t have to be that way when you have the lawyers of DTLA by your side. If you or your family member suffered physical and psychological harm from an elevator accident, please reach out and learn about the legal actions we can take on your behalf.
Causes of Elevator Accidents
Elevator accidents are generally due to a failure in one or more components of the machine, which has many parts that must all work together in perfect harmony. The problem is, there may be negligence by the people that design and install elevators. These include companies like Schindler, Otis, Viola, and Arundel, which are all well-known makers of elevators.
But design and mechanical issues caused by the manufacturer are not the only reason that elevators fail. There is, after all, the owner and operator of the property where the elevator is located. These entities have a duty to schedule for inspections, replace parts, and make other arrangements as needed to ensure that the elevator is safe.
No matter who is at fault, here are some of the most common issues that play a role in why someone in injured in or by an elevator:
- Failure to balance and adjust the elevator for proper leveling
- Not grounding and insulation of electrical wires
- Lack of clear and visible signs warning of load capacity / weight limits
- Neglecting to schedule load tests and other inspections
- Failure to correct equipment malfunctions right away
- Not staying on top of safe operating procedures and industry guidelines
- Taking measures to ensure that people do not use the elevator during maintenance / repairs
The Point of Retaining an Elevator Accident Attorney
The truth is, you are not required to have a lawyer represent you in a compensation claim for being injured in an elevator. So, it’s perfectly fair to ask, “Should I hire an attorney who can sue for injuries caused by an elevator?”
At the end of the day, only you can answer this question for yourself. But you can be sure that these are extremely complex lawsuits due to the technical issues that are involved. A skilled elevator accident attorney has considerable knowledge about the design, engineering, and maintenance of an elevator in all types of settings, from skyscrapers to private residences. They also have connections to experts who can investigate the accident and determine the exact cause of why you were injured.
All these elements are crucial to figuring out who is responsible for the harm you suffered. Was the incident due to deviations from safety standards during the installation process? Was there a defect that existed with in the elevator that the maintenance company failed to catch? Did the owner of the property neglect their duty to have the elevator repaired or schedule maintenance appointments?
Aside from establishing who is at fault, our legal team can help you calculate the current and future losses that resulted from your accident. We can also determine your level of physical and emotional trauma, which is necessary to obtain damages like pain and suffering. Once we figure out the payments you are owed, our elevator accident lawsuit lawyers will go after the responsible parties and fight to bring you the highest possible settlement.
Statute of Limitations to Sue for Injuries Caused by Elevators
For the vast majority of victims, the time limit to file an elevator accident claim is 2 years from when you sustained the injury .This is normally the date of the accident, but some injuries may not be diagnosed until a later date. Due to these and other issues that are specific to each case, the deadline for an elevator accident lawsuit may be shorter or longer than 2 years. For example, you may have been injured in an elevator that was in a school, city building, or state hospital. In these situations, you will need to file a government liability claim within 6 months of the incident date.
Meeting the statute of limitations for a personal injury claim can be challenging when you are struggling to recover from an accident. Contact us today and let us handle on the legal process while you focus on your health during this difficult time in your life.
Contact DTLA Law Group
Our law firm is with you every step of the way on the journey to recovery, so contact us today and learn about the compensation you can receive from an elevator accident injury claim. Our attorneys have decades of experience fighting for the rights of injury victims, including those who sustained injuries from a faulty elevator or lost a loved one to an elevator accident.
We provide all victims with free legal services under the Zero Fee Guarantee. Our expenses are included in the amount we demand from the defendant, meaning that legal fees are paid as a part of your settlement award. Thus, obtaining your payment is the only way we get paid, and you owe us $0 in the event we fail to win your case.
We are available to assist you 24/7, so contact out office and schedule a free case review with a Los Angeles elevator injury attorney.
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$1.9 MIllion
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People can become entrapped in elevators for a number of reasons, including but not limited to power outages, power failures, mechanical failures, or sensor malfunctions, for example. According to the National Elevator Industry, Inc., elevators make more than 18 billion passenger trips every year, and the likelihood of passengers becoming trapped is very low. Unfortunately, because elevator entrapment incidents that do not result in injuries are not typically reported, there is a lack of accurate entrapment statistics. Estimates suggest that only 1 of every 100,000 elevator rides will result in getting stuck. Again, these estimates can be misleading as not every incident is reported.
The Psychological Harm Resulting from Getting Trapped in an ElevatorEven if there are no physical injuries from getting trapped in an elevator, it is possible for these incidents to result in extensive psychological harm. Although every situation is different, affected parties might experience some of the following:
- Agoraphobia or the fear of situations where it may be difficult to escape or get help (resulting in the avoidance of certain buildings, elevators, or other places)
- Anxiety disorder
- Depression
- Fear of elevators or Elevatophobia (resulting in avoiding them at all costs which can limit their ability to access certain things and affect daily life)
- New or heightened claustrophobia or fear of small spaces (including but not limited to cars, airplanes, rooms, etc.)
- Panic disorder (resulting in panic attacks whenever the fear of being trapped arises)
- Post-traumatic stress disorder (PTSD)
- Problems with sleep (such as insomnia, nightmares, trouble falling asleep and staying asleep)
- Social isolation (resulting from avoiding any social and work-related situations that could lead to elevator use)
Since psychological harm is considered intangible, it can be more difficult to prove than physical injuries. However, it is still possible to prove these damages. Consider some of the following recommendations:
- Seek medical attention after the incident, including therapy, counseling, etc.
- Be honest with your doctor, therapist, counselor. Express your concerns/struggles.
- If you are prescribed medication, ensure to take it as prescribed.
- Gather all relevant records associated with any mental health diagnosis.
- If the psychological damage has affected your ability to work, gather all records related to lost income and earnings.
If you find yourself unsure of how to prove the psychological harm that occurred after you were trapped in an elevator, please do not hesitate to seek legal assistance as soon as possible. Our elevator entrapment lawyers are ready to guide you every step of the way.
Yes – you could have the right to file a lawsuit for the psychological damages resulting from getting entrapped in an elevator. Based on the details surrounding the incident, you could have the right to file a lawsuit against your employer, the owner of the building, the elevator maintenance company, or even the elevator manufacturer. For more information about your right to file a lawsuit for the psychological harm resulting from the incident, contact us today.
Our Elevator Entrapment Lawyers are Ready to Help You!Many people mistakenly believe that they do not have the right to pursue a claim to get justice if they did not suffer physical injuries. If you suffered psychological harm, including mental and emotional distress, as a result of your elevator incident, it is important that you seek legal assistance as soon as possible. The harm that you suffered must be taken seriously. Here at our law firm, our expert elevator entrapment lawsuit lawyers are ready to take care of your claim and help you get justice. Contact us today.
We offer free legal services, which include free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns. Whether you are starting or continuing your claim, our expert legal team can help you. Contact us today for a free case review.
Zero-Fee Guarantee: you will not be required to pay any upfront legal costs for any of our legal services. Since our team works on a strict contingency structure, our clients will actually not be required to pay anything if their claims are not successful. If you do not win, you will not pay.
If you are ready to explore the legal options available to you, contact us today.
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