Sunday, July 5, 2009

Elevator Accident - You Can Go to Court

We have all run for the elevator, barely making it inside before the doors close. We have also stepped into an elevator and closed our eyes to pray that it made it to the floor we needed without falling from the wires because it doesn't look like the maintenance has been done in years. Most people do not know it, but you are entitled to seek legal restitution after being injured in an elevator.

Remarkably several accidents involving elevators are considered common. Elevator accidents happen every day, due to unsafe design, inadequate maintenance, and doors opening or closing improperly, elevators that are unlevel or drop suddenly. Amputations, broken bones, head injuries, paralysis and others painful injuries are seen among patrons under these circumstances.

Finding an attorney that can help you take a look at the injury you have due to your elevator accident. They will explain to you that elevator accidents fall under what is called the premises liability law. This law states that it is the responsibility of the owner of the premises to makes sure that each and every patron that enters and uses the premises is in a safe environment. However, you have to be able to prove that the owner was infact negligent in proper maintenance of the elevator.

It is crucial to engage an Attorney versed in Elevator Accidents Before an attorney files your lawsuit, there are certain things that he or she must be a aware of first. Your lawyer will need to understand how elevator parts function when taken as a whole. Your attorney must have a well rounded knowledge of how elevators operate.

Should you have experienced the tragic loss of a loved one in an elevator accident, a critical legal step you should take is to find out if you are eligible to file a lawsuit. The immediate family of the deceased are the only ones who can file a lawsuit. These are the spouse, parents or children of the victim.
Damages that are awarded are often awarded to cover not only present financial costs but future costs as well along with the emotional costs. This means that a spouse can seek damages that will cover the loss of income brought in by the deceased as well as compensation for the added expenses that will now be necessary such as child care.

Many people actually attempt to file elevator related accident lawsuits by themselves. It is not to this is not probable, it is just not desirable. Having proper legal knowledge and information on how elevators work, will be crucial for the success of your case It is important to find out what the time limit is on filing. In most states you only have three years from the date of injury to file a lawsuit.

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