Question: If a person is injured on an Elevator or Escalator what does an injured person should do?

Answer:

First, an injured person needs to rescue himself/herself. Observer and evaluate if you can call emergency service within the premises.

Second, if seriously injured, call 911 and request Ambulance service to go Emergency Department.

Third, if it is safe, take some pictures and video of the accident scene specifically what caused you to fall or injury. For example, danger, hazard, broken or improperly left or set up things or goods, or other any devices that caused you to fall and injury.

Fourth, if someone saw what happened, take his/her name, phone, email and address.

Call Bhurtel Law for free consultation: 212-461-4628.

Question: If Insurance company agent or investigator or wrongdoer’s investigator wants to talk with me, what should I do?

Answer:

You are not required to talk with the wrongdoer’s insurance company, investigator, or any other person before consulting your lawyer. 

Obtain name, phone number, email and address of the person and his company’s name. Ask who he/she represents.

Call Bhurtel Law for free consultation: 212-461-4628.

Question: Who will pay an injured person’s ambulance service bills if I go with ambulance to hospital?

Answer:

If because of the premises owner, manager or possessor’s negligence caused injury at that condition such premises owner, property management, possessor of the premises is responsible for your Ambulence service bills.

Question: Who will pay medical treatment bills that received from the hospital by an injury person?

Answer:

If the injury was caused by the wrongdoer’ at that condition the wrongdoer is responsible for bills for medical treatment from hospital and doctor.

Question: Does an Elevator or Escalator owner or management or possessor of the Elevator or Escalator have duty to keep an Elevator or Escalator in a reasonably safe condition?

Answer:

Yes. An Elevator or Escalator owner has a duty to keep the Elevator or Escalator reasonably safe for people on the land. If a dangerous condition existed on the Elevator or Escalator, the owner crated or had notice of the condition, and the landowner failed to take reasonable measures to protect persons on the land from the dangerous conditions, injured person may claim damages from a landowner or premises owner.  It may apply theory of res ipsa loquitor which means thinks speaks itself.

Question: Does an Elevator or Escalator owner or management or possessor of the Elevator or Escalator have duty to keep an Elevator door in a reasonably safe condition?

Answer:

Yes. An Elevator or Escalator owner has a duty to keep the Elevator or Escalator reasonably safe for people on the land. If a dangerous condition existed on the Elevator or Escalator, the landowner crated or had notice of the condition, and the landowner failed to take reasonable measures to protect persons on the land from the dangerous conditions, injured person may claim damages from a landowner or premises owner. It may apply theory of res ipsa loquitor which means thinks speaks itself.

Question: Can worker claim worker’s compensation from his/her employer if the worker injured at the work site while working for his/her employer.

Answer:

Yes. Workers could bring a worker compensation claim against his/her employer if a worker is injured while working for his/her employer.

Question: May a worker claim compensation from other than his/her employer?

Answer:

Yes. A worker may bring a claim against the other than his/her employer if an accident and injury are caused by the negligence of another person.

Call Bhurtel Law for free consultation: 212-461-4628.

Question: If a person is injured on the Elevator or Escalator, does he/she has the right to bring claim?

Answer:

It depends on the hazard, danger or defect of the Elevator or Escalator. If the Elevator or Escalator was defective, hazardous, and/or dangerous and owner, possessor and/or management had notice at that condition an injured person may claim compensation. Res Ipsa Loquitor theory may apply.

Question: What kind of damages or compensation injured person can claim in the Elevator or Escalator accident and injury?

Answer:

Following compensation which can be prove by the evidence:

1.   Past medical care expenses

2.   Past loss of wages or income

3.   Past pain and suffering

4.   Other Past expenses that incurred because of the injury.

5.   Future medical care expenses

6.   Future loss of wages or income

7.   Future pain and suffering

Call Bhurtel Law for free consultation: 212-461-4628.

Question: How much compensation a person will receive for the injury suffered from an Elevator or Escalator accident?

Answer: 

First, we try to settle an injured person’s claim with the Property owner and/or wrongdoer. If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we must present your claim before the jury to decide compensation.

The jury will decide based on the evidence presented during the trial.

Question: How much is the value of an injured person’s claim or injury?

Answer:

Generally, it is based on liability (if wrongdoer admits his/her fault) and damages (which includes, nature and extent of your injuries, loss of income past and future and medical treatment cost past and future. If we cannot come to agreement with the wrongdoer, or wrongdoer’s insurance company, then the jury decides how much damages victim is entitled, at a trial.

Call Bhurtel Law for free consultation: 212-461-4628.

Question: How much compensation an injured person can claim against the wrongdoer?

Answer:

1.   Compensation includes an assessment of liability (whose fault of the accident) and includes damages (serious injury and if yes nature and extent of injuries).

2.   Past medical care expenses as per the doctor, hospital, or other provider’s bill etc.

3.   Past loss of wages or income, based on how much Construction worker was making immediately before the accident and other factors such as how much he/she would be able to make.

4.   Past pain and suffering (based on Construction worker injuries, surgeries, Construction worker pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors.

5.   Medical care expenses for the rest of Construction worker’s life.

6.   Future loss of income for the rest of Construction worker’s working life.

7.   Further pain and suffering for Construction worker’s life (based on Construction worker’s’ injuries, surgeries, Construction worker’s’ pain and suffering, limitation or loss of daily activities, limitation, or loss of enjoyment of life, and other factors).

8.   Travel expenses to visit for medical care.

9.   Necessary equipment and devices cost such as wheelchair.

10.                      If required nursing home care cost for nursing home care.

11.                      If the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer. However, in New York it is very rare that court allows punitive damages.

12.                      If we are unable to reach a just and fair settlement with the wrongdoer and/or wrongdoer’s insurance company, we have to present your claim before the jury to decide for compensation.

Call Bhurtel Law for free consultation: 212-461-4628.

Question: What kind of remedy an injured person may claim against wrongdoer?

Answer:

Answer: Generally, a victim can claim compensation. The purpose of the compensation is to place the victim to the extent possible in the position that would have been occupied had the wrong not occurred or had the wrongdoer negligently did not cause injury or loss to the victim. Another words compensation should try to restore in a position where Construction worker was in before the injury occurred. Another word compensation tries to put injured person at the condition of health, and income immediately before the accident occurred.

However, if the wrongdoer’s intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence caused injury or loss to the victim at that condition victim can claim punitive damages against the wrongdoer.  McDougald v. Garber, 73 N.Y.2d 246, 254, 536 N.E.2d 372, 374 (Court of Appeal 1989). Punitive damage is rare in New York.

Question: If an injured person does not have immigration status, does injured person have a right to claim compensation against a wrongdoer?

Answer:

Yes. An owner has a duty to keep the Elevator or Escalator reasonably safe for people on the Elevator or Escalator. If a dangerous condition existed on the Elevator or Escalator, the landowner crated or had notice of the condition, and the landowner failed to take reasonable measures to protect persons on the land from the dangerous conditions, injured person may claim damages from a landowner or premises, elevator, or escalator owner. If accident occurred because of landlord owner, General contractor or Subcontractor’s negligence injured person may claim compensation.

Undocumented or illegal person may claim damages from a wrongdoer. Undocumented person is allowed to claim damages in New York.

Question: If a person makes a claim of compensation against the wrongdoers, does the accident claim affect injured person’s immigration petition?

Answer:

Generally, it does not affect an injured person’s immigration petition because of the compensation claim.

If injured person is able to receive amounts of the money as compensation that injured person can invest as per the immigration law, injured person may be eligible to receive green card based on investment visa if injured person is not barred by other requirement of immigration law.

Question: Should a injured person consult a lawyer?

Answer:

We strongly advise that an injured should consult a lawyer to find out his/her rights, privileges, and immunities.

Call Bhurtel Law for free consultation: 212-461-4628.

This is not legal advice. This is an attorney advertisement. If you have specific questions about your accident, contact our office, we will provide advice.

Bhurtel Law Firm represents victims of elevator and escalator accidents. After an elevator accident, you or a loved one may suffer from injuries, as well as paralysis, traumatic brain injuries and even death. Our attorneys have the passion and knowledge of the law to pursue full compensation for your injuries or to pursue a claim for the death of a family member.

Human and mechanical errors cause most elevator disasters. Common factors in elevator accidents include:

What are the common causes of elevator injuries?

·      Sudden stopping of the elevator.

·      Falling down an elevator shaft after doors do not function.

·      Getting caught between the doors of an elevator.

·      Tripping and falling due to elevator not being properly leveled.

·      Errors in manufacturing.

What are the common causes of escalator injuries?

·    Sudden stops on escalator

·    Getting caught between steps of escalator

·    Missing/broken steps

·    Handrails not being secure

·    Errors in manufacturing

What are the rights of a victim’s family after a fatal elevator crash?

If a loved one died in an elevator accident due to the negligence (fault) of another party, you as the victim’s family may be entitled to a wrongful death lawsuit. The manufacturer may be responsible if the elevator was not built properly. The owner of the building may also be at fault if they knew the elevator was at risk of malfunctioning and they failed to repair the elevator.

Do families of fatal elevator victims get compensation?

If your loved one died in an elevator accident, you may have a wrongful death claim against the airline. The death of a providing family member will leave behind an uncertain financial future for the victim’s family.

Our attorneys have experience handling wrongful death claims after elevator accidents, helping each family member recover for the damages caused by the fatal accident. Family members eligible to seek damages for a wrongful death in New York include the surviving spouse, domestic partner, and any children of the deceased.

New York does not allow family members to recover for their mental anguish in a wrongful death claim. However, family members are eligible to recover such damages as:

·      Loss of expected earnings and benefits

·      Loss of parent’s guiding and training

·      Medical bills

·      Funeral costs

The New York statute of limitations gives family members two years from the victim’s date of death to file a wrongful death lawsuit. Our personal injury attorneys make sure your claim is filed before the deadline so you can get the compensation you need.

Mr. Durga P. Bhurtel has been selected for Top 50 Settlement Attorney of New York for 2018 and 2023

Contact us for a free consultation - We are ready to pursue your elevator/escalator claim!

Bhurtel Law Firm provides flexible hours at its office in NYC. Our attorney serves clients in New York City Area (Manhattan, Queens, Brooklyn, Bronx, Staten Island), Long Island (Suffolk and Nassau), and the entirety of New York State. If you cannot make it to our office, we come to your home.

Contact us by email at info@attorneybhurtel.com or call us at 212-461-4628. In personal injury cases, we offer free initial consultations and are compensated on a contingency-fee basis, which means you owe us nothing unless you receive compensation. We speak English Nepali, Hindi, Urdu and Spanish.

Please be advised that past results do not guarantee future results. Please take notice that this is not legal advice. This is an advertisement. If you need legal advice, please contact Bhurtel Law Firm.