When the negligence of a business operator or other parties causes you to get hurt while using an escalator, you have options. Take legal action against anyone responsible for the harm you have suffered. Meet with a Pahrump escalator accident lawyer. With your attorney’s help, you can get money as part of a premises liability claim or lawsuit.
H&P Law has more than 60 years of combined experience. We know the problems that can come up in an escalator accident case. We address these issues and put our clients in a strong position to secure compensation for their losses.
Trust us to help you deal with the aftermath of your escalator accident. Schedule a free case consultation with our Pahrump premises liability lawyer team.
Do Not Approve a Settlement Offer Just Days After Your Escalator Accident
Have a Pahrump personal injury lawyer with escalator accident case experience evaluate any settlement proposal you receive from a liable party or their insurance company. Ultimately, this offer may be worth a lot less than what you could get if you bring your case to trial.
Your Pahrump escalator accident attorney can calculate your personal injury settlement value. Once your lawyer knows what your case is worth, they are well-equipped to negotiate a settlement. If you do not receive a settlement that lines up with your expectations, your attorney may encourage you to take your case to trial.
At H&P Law, we do everything we can to help our clients achieve outstanding case results. If you are unsure of your legal options after an escalator accident or want to proceed with a lawsuit, we can assist. Request a free case consultation with us.
How Much Time You Have to File a Pahrump Escalator Accident Lawsuit
The Nevada Revised Statutes (NRS) define the time frame in which you are eligible to request compensation from anyone liable for your escalator accident. Per NRS 11.190, the statute of limitations for a personal injury lawsuit is two years. If this window closes, you are responsible for all losses associated with your escalator accident and injuries.
Your escalator accident lawyer in Pahrump submits your lawsuit and represents you throughout your case proceedings. They prepare your case if it will require a trial. At the same time, they remain open to settlement negotiations.
Getting a settlement offer and accepting a proposal are two different things. You may feel pressured to approve a settlement that falls short of what you want. Regardless, your lawyer is your legal advocate. They build an argument designed to prove that you are in no way liable for your escalator accident. If this argument is successful, you may receive fair compensation.
The Role of Negligence in an Escalator Accident Case
Your escalator accident attorney in Pahrump teaches you about negligence and its impact on your case. It is not enough to say that someone is liable for your escalator accident. Rather, you must prove negligence before a judge or jury will award damages. Here are the elements of negligence in your personal injury case to consider:
Duty of Care
It is reasonable to expect someone to avoid any actions that could put others in danger. For example, you anticipate that a business owner will take care of their escalator. Otherwise, if the escalator malfunctions, it becomes dangerous to use.
Breach of Duty of Care
If someone violates their duty of care, they commit an act that most people would classify as reckless or careless. Your lawyer may argue that a property owner or another party did not fix an escalator that was not working correctly. As a result, this party breached its legal obligation to you and anyone else who may have used the escalator.
Causation
Your attorney can highlight how a breach of a duty of care contributed to your escalator accident. They want a judge or jury to see that this incident may have been prevented if a liable party had made sure that the escalator was safe for all people to use.
Damages
You face losses because a party violated its duty of care, causing your escalator accident. In your case, your lawyer may ask for damages for your lost wages, medical bills, and pain and suffering. They may use accident scene photos, witness statements, and other evidence to show that your damages request is valid.
Based on NRS 41.141, Nevada has a comparative negligence statute that applies to escalator accident cases and many others. If you are 1-50% liable for your escalator accident, a judge or jury may award partial damages dependent on your percentage of fault. In a situation where you are more than 50% at fault, you may not be able to receive damages.
How to Submit an Escalator Accident Wrongful Death Claim
It is devastating to lose a family member in a fatal escalator accident. The loss may affect you and your loved ones for a long time to come. A Pahrump wrongful death lawyer offers legal guidance and support during this challenging time.
Your wrongful death attorney empathizes with you and your loved ones. They can provide insights into how to hold anyone at fault for your family member’s death accountable for their actions. If warranted, they can submit a wrongful death claim and guide you through each stage of the legal process.
Filing a wrongful death claim does not change the fact that your loved one is gone. However, it allows you to seek justice and damages from any responsible parties. You may get a settlement offer, which you can use to stay afloat financially in the aftermath of your family member’s death. If you want to bring your case to trial, your lawyer supports your decision to do so.
Ask for Help with Your Escalator Accident Case
H&P Law is a courtroom–proven and client–praised Nevada personal injury law firm. We go the extra mile to assist escalator accident victims and their families.
Tell us about your escalator accident, and we can help you determine what to do from here. Contact us today for more information.
