Frequently Asked Questions
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What type of damages can a victim of an escalator or elevator accident collect?
A victim of this type of accident can pursue damages for:
- Diagnostic testing (X-rays, MRIs, scans, etc)
- Emergency room care
- Physician appointments
- Medical devices, such as crutches, braces, wheelchairs, etc.
- Physical therapy
- Occupational therapy
- Treatment for emotional injuries, such as PTSD, anxiety, etc.
- Lost income if unable to work while recovering
- Reimbursement for home help and/or childcare
- Pain and suffering
What are common causes of escalator or elevator accidents?
Some of the more frequent causes we see here at our personal injury firm include the following:
- Bad wiring
- Disregard of appropriate repairs
- Failure to perform regular inspections
- Inadequate emergency call system
- Maintenance by unqualified workers
- Malfunction of the mechanical system
- Malfunctioning buttons
- Malfunctioning or broken door
- Misalignment of the mechanical system
- Overweight load
- Poor design
Who is liable for an escalator or elevator accident?
When a victim is injured in an escalator or elevator accident, there are several potential parties who could be liable, including the property owner, the maintenance company who is responsible for the escalator or elevator, or the manufacturing company. There could be even more than one liable party.
What are the consequences for not disclosing prior injuries?
Failure to disclose a prior injury can greatly jeopardize a victim’s case. Not only can it result in the court dismissing a claim, but a victim could also face possible court sanctions because of this omission.
Is it important to disclose prior injuries?
When a victim has been injured in an accident, it is critical they be completely honest with their personal injury attorney about any medical conditions they may have had prior to the incident. This is particularly vital if the prior condition is in the same area as the new injury. It is better for an injury case to disclose the prior injury and work with their doctor to show how the incident aggravated the prior condition than not to disclose the condition.
What is the eggshell doctrine?
In a legal case, the eggshell doctrine means “taking the victim as you find them.” This means if a victim had a prior injury or medical condition prior to the accident, the at-fault party may still be liable for any losses the victim has suffered and that their medical history cannot be used against them.
Are there any limits to interrogatories?
You are not allowed to send an unlimited number of interrogatories to the other party. Each state sets its own limits. In Virginia, the limit is 30 questions. In North Carolina, the limit is 50.
In Virginia, a party has 21 days to answer the interrogatories and 28 days to file any objections.
In North Carolina, a party has 30 days to answer and/or file any objections.
What kind of information is exchanged in car accident interrogatories?
It is not uncommon for both sides of a car accident lawsuit to have two different accounts of what happened. Some of the more common questions in car accident interrogatories include:
- Describe how the accident occurred.
- How fast were you going at the time of the crash?
- Have you been involved in any other car accidents within the past 10 years? If so, please provide the date, the details of the accident, and legal outcome.
- Please provide the names and contact information of any witnesses to the accident.
- Please provide every traffic violation you have received in the past 10 years.
- Have you consumed any alcohol in the past 24 hours? If yes, please list the type, how much, and when it was consumed.
- Please list any photographs, reports, or diagrams about the accident that you know of and where these documents currently are.
What are car accident injury interrogatories?
When a car accident injury lawsuit is filed, both the plaintiff (victim) and the defendant (at-fault party) exchange information about the facts of the incident, what the plaintiff is alleging, and what the defendant’s response is to those allegations.
Interrogatories are written questions issued to one party to the other. The receiving party is required to answer those questions in writing and under oath.
How is the contingency fee paid if there is a settlement or award?
Once the case settles, the attorney will provide the victim with a full accounting of how what they did. Since this is a contingency fee case, the accounting will not be broken down by hours, but they will break down what other legal costs they are billing you for, such as court costs, expert testimony, etc.