Thankfully, most elevators take you up or down quickly and without an issue. Elevator accidents and injuries are relatively rare. When they do occur, though, they can be devastating. Often involving older or poorly maintained elevator cars, an accident can leave victims with thousands of dollars in medical bills and unable to work.
At the Law Offices of Anidjar & Levine, our property claim lawyers can review the facts of your case and determine if you have a viable claim against the building owner or another liable party. Call an elevator accident lawyer in Fort Lauderdale, FL today at 1-800-747-3733 for your free case evaluation and consultation. If we determine you have a valid case, we will handle it for you on a contingent basis. It costs you nothing until we recover the compensation you deserve.
What Damages Are Available in a Fort Lauderdale Elevator Accident Case?
A successful elevator accident claim will allow you to recover money for a variety of losses and expenses. The amount your case is worth is highly dependent on the severity of your injuries and the nature of your damages. We will not be able to give you an estimated value until we investigate your case, and understand the full extent of your losses.
Some of the damages we can usually recover for our clients in this type of accident include:
- Medical bills, including hospitalization and outpatient treatment
- Ongoing care costs
- Lost wage
- Future lost income and benefits
- Property damage for items broken or destroyed in the accident
- Miscellaneous accident-related expenses
- Pain and suffering
Who Is Liable for My Fort Lauderdale Elevator Accident Injuries and Other Damages?
We can help you identify who is liable for the damages you suffered. Pinpointing one culprit is often complex in an elevator accident case and plays a crucial role in how we approach your case. The most common liable parties include:
The Building Owner
The building owner is the most common liable party when an apartment resident, building visitor, or store customer suffers elevator accident injuries. The building owner or occupier must ensure the elevator:
- Receives required and proactive maintenance
- Meets all necessary codes and safety regulations
- Undergoes regular inspections to obtain an operating permit
If he or she fails to uphold this duty, we can hold him or her liable for the injuries and other damages you suffered because of his or her negligence.
The Elevator Designer, Manufacturer, or Installer
Sometimes, a manufacturing defect or poor design causes an elevator to malfunction and lead to injuries. When this occurs, we may be able to hold the designer, manufacturer, or installer liable for defective parts or installation.
Unless you were working on the elevator at the time of your accident, your employer’s liability might not cross your mind. However, we often see elevator accidents that require us to consider whether a worker’s compensation claim is necessary or – in some cases – the only option for compensation. If your injuries occurred while you were working, and your assigned tasks required you to use the elevator, we may need to discuss whether you have a valid worker’s compensation claim or if there are ways to recover compensation.
How Can I Prove My Fort Lauderdale Elevator Accident Case?
When we handle an elevator accident case, we start by Investigating why and how the accident and your injuries occurred. This allows us to identify the liable party and determine what is necessary to prove he or she acted negligently.
According to Consumer Watch, some of the ways elevators malfunction and cause injuries include:
- Door malfunctions and injures passengers or traps body parts
- Door safety malfunctions allow the door to open onto an open shaft
- Problems with car misalignment with the floor
- Malfunctions with the pulley system, including mechanical problems or defects
- Faulty wiring causing electrocution or car control issues
- Issues caused by unbalanced leveling
- Entrapment during a fire or other emergency
As a part of our investigation, we will:
- Interview engineers and others who can explain how the accident occurred and why.
- Enlist the help of experts who can help us understand your prognosis.
- Gather evidence to prove negligence and liability.
- Research other incidents and the outcome of those cases.
After we have a good understanding of what happened and why, then we can pursue compensation on your behalf. Seeking compensation may include filing an insurance claim, or pursuing a premises liability or defective part lawsuit in civil court.
In most cases, we can settle accident injury cases without going to court. Skipping court is possible by filing an insurance claim based on the liable party’s liability insurance policy. We send a demand letter outlining our case, and this prompts settlement negotiations. These negotiations commonly result in a fair payout based on the value of your damages.
Occasionally, we need to file a civil lawsuit to recover the compensation you deserve in this type of case. We can explain the steps in this process and will represent you throughout the suit. We will present the case we built to the judge and jury, and ask them to award you compensation based on the proof of your damages.
How Long Do I Have to Take Legal Action After an Elevator Accident?
Florida has a four-year time limit on filing lawsuits based on negligence, including premises liability or defective parts suits. However, it is important to take action as soon as possible after an accident. We need to investigate your case and determine who is liable. If the liable party is your employer or a government agency, you may not have the full four years to recover the compensation you deserve.
How Can I Talk to an Elevator Accident Lawyer in Fort Lauderdale, FL?
At The Law Offices of Anidjar & Levine, our personal injury lawyers can help you get to the bottom of your case and explain your options for getting the money you need to cover your expenses and losses. We offer free case reviews, and we will fight for the full payout you deserve. Call us today at 1-800-747-3733 to talk to our team about your case.