Escalators should be functional, not memorable. They need to get us from one floor to another without incident. Unfortunately, if an escalator incident does occur, it is likely to leave those affected with significant injuries and other damages. A Summerlin premises liability lawyer from H&P Law can help victims move toward recovery.
Our team has earned 145 five-star reviews from satisfied clients. An escalator accident lawyer in Summerlin will give you that same five-star service. We are on your side from start to finish, dedicated to the goal of getting you justice.
Determining Liability for an Escalator Accident
Identifying who is liable for paying you damages in an escalator accident is a critical first legal step. Our experienced team will carry out a full investigation of the accident. We will talk to witnesses, review security cameras, and examine the escalator’s maintenance and safety history.
Another person may have caused your injury. In a rush to move up or down the escalator quickly, they might have pushed you, causing you to lose your balance. An aggressive person could even push you intentionally. An escalator defect could also cause an accident, and the manufacturer might be to blame.
Very often, escalator accidents prompt a premises liability claim. In this type of personal injury claim, the property owner holds liability for accidents occurring on their property.
Sometimes, you may have claims against the property owner and another party. An experienced Summerlin personal injury lawyer will help you find the right way forward.
A Summerlin Escalator Accident Lawyer Can Build a Strong Claim
As with other personal injury claims, the way negligence is proven in a premises liability claim is by providing evidence of the four elements of negligence. First, you must show that the at-fault party owed you a duty of care, which is an obligation to keep you safe from known hazards under their control.
When there are escalators on a premises, property owners must make sure they are installed and maintained according to the Nevada Administrative Code (NAC) 455C.514. If the escalator needs repairs, they need to prevent anyone on the property from using it.
Then, you must show that the at-fault party somehow breached, or failed to uphold, the duty of care. You need to present evidence of the breach and that it was the direct cause of the accident. Finally, you need to prove the accident left you with measurable damages.
Filing Your Claim
To protect your right to fight for justice in court, you must file your injury claim within Nevada’s two–year statute of limitations, per Nevada Revised Statutes (NRS) 11.190. By connecting with an escalator accident attorney in Summerlin right after your accident, you support timely filing.
Filing against the right party is the only way to secure damages. A fast legal partnership gives your lawyer time to dig into the details of the accident, find out what happened, and file against the correct party well within the legal deadline.
Some claims allow for deadline extensions, so never assume it is too late to seek justice without first reaching out for a free case review.
How to Collect Damages for Your Escalator Accident
You may collect compensation through a settlement. After calculating the costs and losses associated with your accident, the team at Siegfried & Jensen will send a demand letter to the at-fault party informing them of the amount.
Usually, the other side makes a counteroffer in response. This offer will be lower. Your attorney will answer back with arguments, evidence, and a higher amount. These negotiations continue until the sides come to an agreement or realize an agreement is out of reach.
If the other side does not make a fair offer or continues implementing tactics to stall discussions, you may have to seek justice in court. Your attorney knows the value of your claim and the strength of your evidence. We will not encourage you to accept a low settlement just to avoid a trial fight.
Going to Trial
There are significant differences between a trial and a settlement for injury victims. Your escalator accident lawyer in Summerlin will explain them to you. For example, a settlement is a faster resolution than a trial, but if the at-fault party doesn’t offer you a fair amount, you could lose out on compensation.
Trials can be lengthy and cause stress. They also expose the at-fault party to the public, something victims may want. If settlement offers are low, a trial provides the opportunity to secure a higher amount with a favorable verdict.
H&P Law will give you trustworthy guidance as you consider your options. No matter how or where we take your fight, we will provide aggressive, effective representation.
How Nevada’s Laws Impact Your Compensation
The system of comparative negligence in Nevada is another factor affecting how much compensation you may collect. Under this system, injury victims can seek damages only if they are 50% or less to blame for the incident. If you meet that standard, you can still have your compensation reduced by any lower percentage of fault you bear.
We want you to get every single dollar you deserve. The other side will work to inflate your blame and minimize your losses. We will fight against their accusations and present evidence to prove the extent of your economic and non-economic losses. These include:
- Medical costs
- Wage loss
- Future care costs and lost earnings for those too injured to return to employment
- Other costs related to the accident
- Physical suffering
- Emotional distress
- Diminished quality of life
For accidents involving extreme negligence, you may also be eligible for punitive damages, which provide an additional monetary award.
We Look Forward to Leading Your Fight
H&P Law does not back down from fights against injustice, and we look forward to leading yours. Your Summerlin escalator accident lawyer will work with you and for you, keeping you apprised of all claim developments and taking your claim through every step of the process with great skill.
We are courtroom–proven, client–praised, and ready to get to work.
