Elevators provide a vital function in our lives, sometimes on a daily basis and many times throughout the day. Generally, we don’t stop to think about problems with elevators that can result in an accident as we step inside the compartment and press the button for a specific floor. But failure to inspect, maintain and repair an elevator can lead to devastating injuries if the machine suddenly plummets while someone is inside. An unsuspecting victim may also drop down the shaft if they step inside and the elevator isn’t there because a mechanical issue has caused it to drop.
Though elevators exist in many places, they are especially popular in office buildings. Perhaps you were injured in an elevator as someone that works in the building. Alternatively, you were a guest or someone that was at the site for business purposes, like making a delivery. Either way, you have a right to seek compensation for being injured due to another party’s negligence. But who is at fault when there is an accident with an elevator. How do you obtain payment for your medical bills and other financial losses?
The office elevator drop attorneys of DTLA Law Group are here to provide you with legal advice if you suffered bodily harm from an elevator accident. We can also help you with a claim for medical expenses, pain and suffering, lost wages, and other payments you are legally entitled to. Contact us right away and schedule a free consultation if you or your loved one got hurt from a sudden drop while they were in an elevator.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
Injuries Caused by Elevator Drop Accidents
Any failure in the mechanism of an elevator can cause catastrophic injuries to the people inside. Whether the person falls down an elevator shaft where the elevator dropped, or the elevator drops when someone is inside, here are some of the injuries that can happen:
-
Traumatic brain injury
-
Hip fracture
-
Dislocated joints
-
Ankle and wrist sprains
-
Tendon and ligament tears (soft tissue injuries)
-
Neck injury (whiplash)
-
Damage to the spinal cord
-
Tailbone fracture
-
Deep cuts and abrasions
-
Dental damage – chipped or missing teeth
-
Rupturing of the internal organs
-
Never damage leading to paralysis
-
Emotional trauma resulting in phobias, panic attacks, insomnia, and other mental health conditions
Filing a Workers’ Compensation for being Injured by an Elevator
Those who are injured at their workplace or while they are in the course of a work-related task can file for benefits under the state of California’s workers’ compensation system. The process begins by notifying your employer that you’ve been injured, so that they can give you the necessary forms and contact their insurance company. If your injuries are severe, call 911 and seek medical attention before talking to your employer, as your health is your primary concern.
Filling out the forms and filing a claim should be easy, but many workers run into difficulties and find that their employer is not particularly helpful. You may also face resistance from the insurance company when it comes to how much you are entitled to and the severity of your injuries from an office elevator drop incident. Our team of workplace injury lawyers is here to help, so don’t hesitate to contact us if you have questions or concerns.
Premises Liability Claims for Elevator Accidents
If you were a visitor or guest in the building when you were injured in an elevator, you will need to file a premises liability claim against the responsible party. As a general rule, this is the property owner, as they have a legal duty to ensure that all areas of their property are reasonably safe. Thus, it there is a problem with the elevator that causes it to drop unexpectedly, the owner of the building is liable under the law of premises liability.
On the other hand, defects with an elevator may be blamed on the maintenance company, perhaps due to a negligent employee, lack of training, and other causes. Alternatively, the party that’s responsible may be a property management firm that’s in charge of maintenance at the facility. In short, there are numerous parties that can be sued when someone is hurt in an elevator accident.
Average Value of a Faulty Elevator Accident Case
Malfunctioning elevator injury claims are typically high value cases, and the vast majority of claimants receive over $100,000, with some cases exceeding the $2,000,000 mark. Of course, the actual amount depends on various factors, like the monetary losses resulting from your injuries, not just now but into the future. This includes your medical expenses and lost income, but most elevator accident injury victims also qualify for non-economic damages such as emotional distress and pain and suffering. That’s why settlements on behalf of elevator drop accident victims are typically in the 6 to 7 figure range, with the most extreme cases resulting in verdicts of $10,000,000 or more.
How Long will It Take to Settle my Case?
Elevator accident lawsuits typically involve serious injuries with permanent complications, and as a result, it can take between 1 and 2 years to reach a settlement in these cases. For some claimants, taking the case to trial may be the right option, and in that case, resolving a sudden drop elevator lawsuit can take more than 3 years. However, the likelihood of going to trial is very slim, and settlements are achieved in over 95% of personal injury or workplace accident claims.
Statute of Limitations to File a Claim
How long you have to file a lawsuit will depend on the type of claim you are filing. As someone that was injured in the building you work in, you would generally be entitled to workers’ compensation. That means you will need to tell your employer about the accident within 30 days and file the necessary paperwork with their insurance company within 1 year of the injury date.
Please note that even if you do not work in the building, you are eligible for workers’ comp benefits if you got hurt within the scope of employment. For example, if you are a mail carrier who was in the elevator to deliver a package when it suddenly dropped, this would count as a workplace accident.
If you were not in the elevator during your work shift or due to a work-related issue, you must file a premises liability claim within 2 years. Specifically, you have 2 years starting from the accident date to initiate a legal case, though you may qualify for additional time if an injury from the accident is not discovered until a later date. Keep in mind, however, that extensions are extremely difficult to obtain, so it’s best to get started on the legal process as soon as possible.
Contact an Elevator Drop Accident Injury Attorney
As an accident victim, legal advice is critical to protecting your health and finances. However, we understand the concerns you have when it comes to paying for a lawyer that’s experienced in accidents on elevators. Here at DTLA, we ensure that clients pay $0 if they wish to hire us for an elevator drop injury claim. All legal fees are added on to the amount we demand on your behalf, so the only way we get paid is by recovering your settlement. In the event we fail to win your case, the Zero Fee Guarantee kicks in to ensure that you owe us absolutely nothing.
If you are ready to explore the option of filing a lawsuit for an office building elevator drop incident, contact us today.
Other Pages on Our Website Related to This Topic
Injured In An Elevator At The California Market Center
Closing Elevator Door Injury Attorney – Accident Lawsuit
Home Elevator Injury Attorneys at Normandie Law Firm
