While most of us take it for granted that we’ll be fine when riding an elevator, the truth is that people are injured every year in elevator accidents. From injuries caused by malfunctioning elevator doors to sudden stops and drops, elevators can quickly become hazardous when things go wrong.
If you’ve been injured in an elevator accident in New Orleans, you may be able to seek compensation for your losses, but what might that compensation include? Keep reading to learn more about what you may be owed through an elevator accident lawsuit settlement.
Key Takeaways
- Compensation for elevator personal injury accidents is typically divided between economic, non-economic, and punitive damages.
- Economic compensation includes things like lost wages, medical bills, and physical therapy.
- Non-economic compensation is meant to cover things like emotional distress, Post-Traumatic Stress Disorder (PTSD), and physical pain.
- A property owner may be held liable for elevator injuries if their elevator was improperly maintained. Elevator maintenance companies and elevator manufacturers may also be liable in some cases.
- Get fair compensation for your personal injury claim with help from a New Orleans elevator accident lawyer.
Compensation Available for Those Injured in an Elevator
After a person is injured in an elevator accident, they may be able to make a negligence claim to pursue compensation. In most cases, this compensation can be split into three major categories: economic, non-economic, and punitive damages.
Economic damages include losses that have a specific dollar value, and non-economic losses do not have an exact monetary value. While economic and non-economic compensation are types of compensatory damages, meaning they are meant to compensate for actual losses, punitive damages are meant to serve as a punishment for the defendant, not as compensation for losses.
Economic Damages for Elevator Accident Injuries
From sudden stops and door malfunctions to devastating free falls, elevator-related accidents can range from minor to severe, causing injuries like broken bones, traumatic brain injuries, and even death. If an elevator malfunctions and you are injured as a result, you may be owed the following types of economic damages:
- Income lost due to lost work or reduced earning power
- Medical expenses
- Property damage or lost property
- Future medical costs
- Funeral expenses and wrongful death
Non-Economic Damages in Elevator Injury Settlements
Whether your accident was caused by poor maintenance or a design or manufacturing defect, you may suffer considerable emotional and physical pain. Lawsuits for elevator accidents are meant to compensate victims for these sorts of losses through non-economic or special damages. A few of the most common types of special damages include:
- Pain and suffering
- Psychological trauma
- Disfigurement and scarring
- Emotional distress
- Lost relationships
Determining Liability in Elevator Accident Lawsuits
An elevator accident can cause serious injuries, and if you’ve been injured in this type of accident, you may be facing a difficult path to determining who can be held liable. Typically, building owners are the ones who are responsible for injuries sustained in their elevators, but the maintenance company or elevator manufacturer may also be liable if they failed in their legal responsibility to prevent harm. To prove liability in these cases, you can use the argument below:
- Prove the defendant owed you a legal duty to prevent harm, either through proper elevator maintenance or reliable elevator manufacturing.
- Prove that the defendant breached their duty to prevent harm.
- Prove that the defendant’s negligence caused your accident.
- Prove that your accident caused real harm.
As you can see, holding the right parties responsible for your elevator injuries may be complex, and a thorough investigation may be needed to determine the at-fault party. From witness statements to photographic evidence of hazardous conditions, your attorney may use a range of different types of evidence to strengthen your compensation claim.
Get Help From a New Orleans Personal Injury Lawyer for Elevator Accidents
Malfunctions, poor maintenance, and sudden drops and elevator stops can each cause injuries for elevator passengers. With help from an elevator injury lawyer, you can ensure the right person is held accountable for the harm you’ve faced.
If you’ve been injured by an elevator in New Orleans, don’t wait to get the help you need. You may have limited time to file a claim. Our attorneys at Cardone Law Firm are ready to help you seek a full and fair settlement. Reach out to our team to get more information about elevator accidents.
If you’ve been injured in an elevator accident, make sure the right person is held liable with help from our New Orleans elevator accident lawyer.