Many of us travel up and down elevators and escalators daily and do not give it a second thought, but when something goes wrong on one of these machines, the results can be catastrophic. These complicated machines require ongoing maintenance and care to ensure that riders are able to use them without incident, but sometimes this is not the case, and people are either injured or killed in an accident. If you or a loved one has suffered injuries in an elevator or escalator accident, you may be entitled to compensation for your damages, well beyond the initial damages like your medical bills or impacts to your earnings. The best way to get the money you deserve is by working with an experienced and aggressive personal injury attorney.
Elevators and escalators are typically found on commercial or government properties, meaning that you will either be filing a claim against a company (or, more accurately, their liability insurance company) or against a government agency (which is a very different type of claim). Regardless, the reality of the situation is that the at-fault party or their insurer will be working to settle your case as quickly as possible, for as little as possible. To get the money you deserve, you will need to take an active role in the claims investigation and an aggressive stance when it comes to settlement negotiations, which can feel impossible when you are trying to focus on your recovery.
The team at Bernheim Kelley Battista, LLC offers a free consultation for victims of all types of personal injuries, including those suffered during an elevator or escalator accident. During this consultation, we will be able to talk about the specifics of your accident in order to get a better sense of your unique situation, as well as provide you with useful legal advice on how to proceed. In addition, we will be able to go through what it will look like for us to work together, including how we will be able to help you through this complicated process with a focus on getting you the money you deserve.
Many people file a claim with an insurance company before consulting with an attorney, but we encourage you to connect with us as soon as possible. When you initiate a claim with the representation of a proven lawyer, the at-fault party knows you mean business and knows that the technical or procedural details they often leverage to their advantage will not work in this instance. While we are fighting to get you the compensation you deserve, you can focus your energy on recovering without the added stress.
If you have been injured on commercial property like a shopping plaza or office building, then the liable party may either be the owner of said property, the management company, or the lessee. In some instances, the liable party may be the elevator or escalator company, and in other instances still, there may be someone else who is legally responsible for your injuries, and therefore legally liable to pay the damages you have suffered.
Trying to unravel the threads of your case to determine who you will even file a claim against can be overwhelming from day one. At the same time, you will need to come to terms with the reality of your situation, and most importantly will need to be getting all necessary medical care to facilitate a successful recovery. Insurance companies understand how overwhelming this time is, which is why they are so aggressive in trying to settle claims quickly.
Contact our law firm now so we can go through the specifics of your accident and determine who we will take legal action against.
Once the liable party has been identified, the next, and arguably most important, step is to calculate the total cost of the damages you have suffered. These damages include both economic and non-economic damages, both of which are considered compensatory damages, but each of which seeks payment for distinctly different impacts of your accident.
Economic damages are those impacts of your accident that have costs and values. These damages include medical bills, impacts to your income, and anything else with a bill, invoice, receipt, income statement, or tax slip that can prove a set market value. These damages are repaid 1:1, meaning there is no multiplier or additional compensation a victim is entitled to for economic damages.
Non-economic damages are the impacts of an accident that do not have dollar values, things like pain and suffering, emotional trauma, and the long-term physiological impacts of such a traumatic experience. Since these damages are difficult to calculate, your attorney will need to use one of a number of tools that are widely accepted as appropriate non-economic damage calculators. Once calculated, your attorney will need to defend these figures throughout negotiations, another step that inexperienced individuals can find highly overwhelming.
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