Going in and out of an elevator is a daily activity for many people, and it seems like accidents involving elevators are extremely rare. The truth is, around 17,000 people are injured due to an elevator on a yearly basis, according to the Consumer Product Safety Commission. If you break it down by month, that’s about 1,400 injury victims every 30 days.
Elevator accidents can happen for a number of reasons, including:
- Inadequate inspections / maintenance
- Inadequate training for maintenance or on-site workers
- Lack of warning signs when elevator is out of service / being repaired
- Defective brakes or lack of brakes (fall protection)
- Faulty electrical wiring
- Defective sliding doors
- Malfunctions with the pulley system
These issues normally indicate negligence, or a failure to take reasonable precautions that would have prevented an accident. If an act of negligence was behind your elevator accident, you may have grounds to sue one or more parties for monetary compensation. To learn about your rights as an elevator accident injury victim, contact our office and schedule a free consultation.
Different Types of Elevator Accidents
The type of injuries you can sustain in an elevator will depend on the type of accident you were involved in. Below is an overview of common accidents that are associated with elevators:
Mis-leveling
This happens when the elevator fails to stop at the same level as the floor. Unsuspecting victims can trip or fall over as they’re exiting or entering the elevator.
Falls down elevator shafts
An elevator shaft may remain open during repairs, and premise owners are responsible for warning people to stay away from the area. In some cases, an elevator can malfunction while people are still inside. The property owner should provide training so that security or other staff members can safely escort people out of the elevator.
High speed impact
If the elevator is traveling too fast, passengers can hit the walls or fall onto the floor. These accidents often occur from malfunctioning control systems and counterweights.
Sudden stops and crashes
These accidents can happen when there is a problem with the pulley system. That can cause the elevator to drop suddenly or crash into the bottom level.
Electrical shocks
Most people don’t associate electrical shocks with elevators, but faulty wiring can result in someone being electrocuted Electrical shocks can cause extremely serious injuries, including brain damage, injuries to the internal organs, and even death.
How long does it take to Settle an Elevator Injury Case?
It can take around 6 months to 2 years to settle an elevator injury case, but it really depends on the extent of your injuries. Mild to moderate injury cases are normally settled with the insurance company, meaning they do not progress to a lawsuit. In these situations, it’s a matter of negotiating back and forth with the insurer, and how long it takes in between each offer and counteroffer. Considering how busy these companies are, it can take 3 to 6 weeks on average to hear back from them.
However, claims involving severe, possibly lifelong injuries can take a lot longer. Many of these victims end up filing a lawsuit due to the insurance coverage limits or the other side’s unwillingness to admit liability. In that case, it can take 2 or more years to settle your case.
Possible Injuries from an Elevator Accident
As you have probably guessed by now, the extent of your injuries is the biggest factor in how long it will take to settle your claim. An elevator accident can result in one or more of the following injuries:
- Skull fracture
- Broken facial bones
- Broken / missing teeth
- Torn ligaments and tendons
- Knee injury
- Rib fracture
- Dislocated shoulder
- Back / spinal injury
- Neck injury
- Traumatic brain injury
- Nerve damage
- Amputated limbs
- Paralysis
- Coma
- Death
Many of these injuries have long-term consequences that may require on-going treatment. You may also be struggling with PTDS and other forms of emotional trauma. Unfortunately, many insurers will try to get out of paying future medical costs and emotional distress, which may necessitate the filing of a lawsuit. Thus, it’s important to work with an experienced attorney who can take the necessary actions to resolve your claim in a timely manner.
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Why is my Elevator Accident Case not Settling?
It may seem like there’s nothing going on with your case, but keep in mind that insurance companies are dealing with thousands of claims at a time. It can take weeks for them to respond to your demand letter or counteroffer, which is why even simple injury claims can take up to several months.
Additionally, insurance companies have the right to investigate your claim and make sure that your compensation demands are legitimate. Technically, there is a time limit on how long they have to conduct an investigation, but some cases are incredibly complex and warrant further research. But the insurance adjuster must give you a valid reason for extending an investigation, as well as regular updates on where they are with your claim.
What can I do if the Insurance Company Stalling on my Payment?
If the insurance company is delaying your claim without a good reason, it’s possible that they’re using stall tactics to avoid making a payment. However you should speak with an attorney to make sure that this is the case. If the insurer is acting in bad faith, three are legal remedies to help you get your case back on track. It’s in your best interest to work with an insurance bad faith lawyer, who can help you gather the necessary evidence to support your allegations.
Can I Sue if I’ve been Injured in an Elevator?
Yes, you can sue for an elevator injury if you are able to show that someone else’s negligence is directly linked to your accident. Figuring out who is responsible in these situations can be very challenging, as multiple parties are involved in the building, installation, and maintenance of an elevator. There’s the property owner, of course, or whoever is responsible for ensuring the elevator’s upkeep. For example, a leasing company may be in charge of an elevator for an apartment building, whereas a government agency is in charge of elevators in federal, county, or city offices.
Aside from the property owner / manager, an installation company, a repair technician, or parts manufacturer can also be the cause of your accident. This is called third party liability, and it can certainly add to the amount of time it will take to settle your case.
Why is my Lawyer taking a Long Time to Settle my Case?
Some cases remain inactive month after month due to a lawyer’s lack of experience. But even experienced attorneys can be taken in by greed and end up prioritizing clients by case value. Or, they may do the reverse and take care of the “easy” cases if they see personal injury claims as a numbers game.
All these strategies are a huge disservice to accident victims, but then again, elevator accident cases can take a long time to resolve. And it’s not unusual for weeks to go by without any action on a claim. This is especially true once you’re at the lawsuit stage, and your lawyer is busy with depositions, subpoenaing records, and other tasks associated with a personal injury lawsuit. However, a lawyer should be available to answer your questions on what’s going on with your case. They should also explain things in detail, and in a manner that you can clearly understand.
If you are not receiving this type of service from your attorney, please keep reading to find out what you can do to settle your case as fast as possible.
I Need Help to Close Out my Elevator Accident Case!
If you’re unhappy with your lawyer’s lack of progress in your case, finding a new lawyer may be the best option. But how can you be sure that finding a new attorney is the right choice? At this point, you may be saying to yourself, “I’m thinking about firing my lawyer, but I need a second opinion.” Luckily, lawyers provide second opinions just like doctors, meaning they will review the work that’s been done on your case. They can also verify important information, like whether your case is worth more than what your lawyer is telling you. That’s why you should speak with a knowledgeable premises liability lawyer right away if you’re frustrated with the way your case is being handled.
Free Second Opinion
To make sure that switching your lawyer is right for you, please schedule a second opinion with one of our attorneys. Our attorneys know the best legal strategies for settling these cases, and you can be confident in their ability to provide an honest assessment of your lawyer’s work. We can also go over the methods we would use to recover your settlement as quickly as possible. We may be able to settle your case in 30 days under the right circumstances.
Even if you choose to stay with your current law firm, your second opinion is completely free so you have nothing to lose. Just give us a call and schedule a free second opinion consultation.
Contact Normandie Law Firm
When you are dealing with the ordeal of an elevator accident, nothing is more important than recovering compensation for your injuries. That process can be difficult for many victims, which is why they turn to an attorney. Unfortunately, your attorney may not be doing the job they should, which is putting you at risk of losing out on the funds you need to move on with your life.
Regardless of where you are with your elevator injury case, our lawyers are here for you with the empathy and experience you deserve. We will take immediate and aggressive action on your case, and we will do so at no cost to you as a promise under our Zero fee guarantee. This is a contingency fee agreement, where all our expenses are deferred until the end of your case. That means the only way we get paid is if you get paid. Otherwise, you are not responsible for any of our legal fees.
If you’re ready to explore the legal options that are available to you, contact our law firm and schedule a free case evaluation.
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