I Was Hurt in an Elevator Accident. What Happens Next?
Many people get hurt in elevator accidents and wonder what’s next. Most elevators in SoCal have a usable life of about ten years. Many commercial buildings in SoCal are at least forty years old. Unless the building’s elevators have been replaced during that time, and they probably haven’t, a serious accident is almost inevitable. Elevators, like all other machines, can only take so much wear and tear.
The average injury-related hospital bill usually exceeds $40,000. The financial stress of unpaid bills makes the physical stress of a serious injury almost unbearable. So, elevator accident victims badly need a Carlsbad personal injury lawyer. Only a seasoned attorney can obtain the compensation these victims, and their families, need and deserve. These accident cases usually follow one of two pathways.
Civil Claim
A negligence claim, usually against the property owner or elevator manufacturer, is an option in many cases. These victims usually receive compensation for their economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
For a Carlsbad personal injury lawyer, the duty of care may be the most important element in a premises liability claim. In California, all property owners have a duty of care to ensure that their properties are safe and secure for everyone. The extent of this responsibility varies, based on factors like:
- Victim’s relationship with the owner (e.g. invited guest or trespasser),
- Likelihood that someone would ride the elevator,
- Probability of serious injury,
- Owner’s control of the elevator, and
- Cost of preventing injury.
If the owner breached the duty of care, and the breach of duty causes injury, compensation is available. Common breaches of duty in these cases include failure to maintain the elevator, failure to warn about defects, and allowing too many passengers into the elevator.
Negligence claims against a manufacturer typically assert that the manufacturer knew about a product defect and failed to appropriately warn people about that defect. In addition to the compensatory damages mentioned above, substantial punitive damages are usually available in these negligence cases.
Workers’ Compensation
Injured building employees (as opposed to injured building tenants) are usually entitled to no-fault workers’ compensation benefits. These benefits, which usually include lost wage replacement and medical bill payment, are available even if the victim was entirely responsible for the elevator accident.
Maximum benefits are normally also available if a pre-existing or non-work condition contributed to the risk and/or severity of an elevator accident injury.
Significantly, no fault does not mean “no problem.” Workers’ compensation insurance companies often bitterly contest these claims. A few legal defenses are available. Generally, however, an insurance company disputes the amount of compensation. For example, a lawyer might argue that a certain medical bill was not reasonably necessary, and refuse to pay that bill.
Usually, a personal injury lawyer partners with an independent doctor who reviews the facts of the case and offers his/her expert opinion on the bill’s necessity.
Work With a Detail-Oriented San Diego County Lawyer
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Carlsbad, contact the Pursley Law Firm. Virtual, home, and hospital visits are available.
