Many variables can affect how much you will get in settlement for an elevator accident, and no two cases are identical, so we cannot tell you how much compensation you might receive for you elevator accident without getting more information from you. There are, however, several factors that can impact the amount of the settlement.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804, to get your free consultation for your elevator accident.
The Severity of Your Injury
The worse your injury, the more compensation you may recover:
- More severe injuries tend to come with higher medical bills.
- You usually miss more work while recuperating from a severe injury than from a minor one, so you may have higher lost wages.
- People often suffer more pain and emotional distress from significant injuries than from smaller ones.
- Severe injuries are more likely to have long-term impacts on one’s life.
By way of example, the elevator at a shopping mall did not line up perfectly with the second floor of the building, and you tripped as you exited the elevator. You threw out your hands to break your fall and sprained your wrist. Your damages may be far less in this scenario than if you fell and sustained a severe concussion.
Long-Term Effects of Your Injury
Recuperating from an elevator accident can have several different outcomes, including:
- A quick healing period with full recovery of all functions.
- Life-changing catastrophic impairment after a long road of medical procedures and rehabilitation.
- Anything in-between these two options.
Accident victims at the more dire end of these possibilities may recover higher compensation in a settlement of their personal injury claims.
Your Non-Economic Damages
When you sustain physical injuries, you can also suffer non-economic damages like:
- Physical pain
- Mental distress
- Loss of enjoyment of life; depression
- Loss of consortium (a potential claim for your spouse)
How Comparative Negligence Will Affect Your Settlement Amount
Let’s say that you held the door for someone else to catch the elevator – using your arm instead of the “Open Door” button. The door closed on your arm, fracturing two bones. The building owner may argue that you caused your injury. If the jury agrees and assigns 25 percent of the responsibility for the injury to you, the law will still allow you to collect some compensation.
Georgia follows the rule of comparative negligence, which means that the law will reduce your damages in proportion to your part of the total fault. If your damages were $40,000 and you were 10 percent at fault, your compensation will be $36,000 after the 10 percent reduction for comparative fault.
It Matters Whether You Were on the Job When Injured
If your elevator accident happened when you were at work, it is likely that you will have to pursue workers’ compensation benefits instead of a personal injury claim. In that situation, the Georgia laws on workers’ compensation will govern how much money you will get. For other elevator accidents, Georgia personal injury law will apply.
Call the Law Office of Jason R. Schultz, PC today at 404-474-0804, to get your free consultation for your elevator accident.