Escalators are the ultimate in convenience when you have to get from one floor to another, especially at multi-storey shopping centres, airport terminals and train stations. You just stand in one place and get transported to the next floor without expending any energy. This convenience comes with a few risks however. Negligence, lack of maintenance and other human errors can result in a wide range of escalator accident claims.
If you have been injured in an escalator accident as a result of negligence, you may be eligible to make an escalator accident claim for compensation.
Escalator Accidents And Resultant Injuries
Common escalator accidents include but are not limited to:
- Failure of the emergency stop mechanism
- Inadequate support while the escalator is in motion
- Slips, trips and falls caused by wet flooring on or around the escalator
- Cuts and bruises caused by broken or jagged edges
- Clothing or limbs getting caught by or pulled into an open gap at the edge of the escalator
- Unexpected escalator failure
These types of escalator accidents can result in a number of different injuries ranging from mild to fatal, including torn muscles and tendons, broken and fractured bones, bleeding or head and back injuries. These injuries could be temporary or permanent.
What You Can Claim For In Case Of An Escalator Accident
Injuries, whether temporary or permanent, can cause a lot of stress and inconvenience. Severe injuries might also take a huge toll on finances by way of loss of income. Although money cannot change the circumstances, it helps to compensate for your pain, suffering and financial losses.
When calculating the amount of compensation due to you for an escalator accident claim, these are some of the factors that you will be able to claim for:
- General Damages – This is the amount that is awarded to compensate you for your pain and suffering. The amount awarded by way of general damages can vary widely. The calculation takes into account the severity of your injuries, whether or not the injuries have resulted in long-term or permanent disability, and the extent to which the injuries have disrupted your life. Use our compensation calculator below to determine what compensation might be due for your type of injury.
- Medical Expenses – Under medical expenses you can claim for everything you’ve paid towards getting your injuries treated including any long-term treatment such as physiotherapy and counselling.
- Travel Expenses – Travel expenses include costs such as travelling to and from the hospital for your ongoing treatment. This can add up to a significant amount so make sure you keep all your travel receipts.
- Cost of Home Care – If you need care at home, you can claim for that too. This is regardless of whether you hire a professional or you have a family member providing you with the care you need. When family members provide care to an injured individual, it limits their ability to find employment and earn a full-time income. The compensation awarded under cost of home care helps to make up for this limitation.
- Loss of Income – Depending on the type and severity of your injuries, you may not be able to go back to work for some time. If your wages are deducted due to absence from work, you should be able to get them back as part of your escalator accident claim. You will also be compensated if your injuries caused you to lose out on any bonuses, perks or promotions. If your injuries prevent you from going back to work for an extended period of time or permanently, you may be able to claim for loss of future earnings also.
- Cost of structural Changes And / Or Mobility Devices – Some injuries may require you to make structural changes to your home or vehicle so that you can regain some degree of independence. You can claim for all of these additional expenses as well as the cost of a mobility device if necessary.
- Cost of Property Damage – Sometimes, your clothing, accessories or other items of personal property such your wristwatch, jewellery item or mobile phone can get damaged in an escalator accident. You can add the cost of repairing or replacing such items in your compensation claim.
How To Start An Escalator Accident Claim
The first step in filing an escalator accident claim is to get legal advice from an experienced personal injury solicitor. Don’t let the thought of solicitor’s fees or legal costs stop you from seeking legal help. You should know that many personal injury solicitors will provide a free consultation meaning you will not have to pay to get some initial legal advice. During this consultation, either with an advisor or solicitor and typically over the phone, they will discuss with you what has happened and talk through any evidence you might have already gathered. Examples of evidence to use in an escalator accident claim might include photographs of the accident scene and of your injuries, a doctor’s report, witness statements.
If all the evidence points to you having a strong escalator accident claim, it is likely you will be offered a No Win No Fee agreement meaning that you would not be liable to pay any fees in case of an unsuccessful claim. You only pay if your claim is successful and is calculated as a percentage of the compensation awarded to you.
Using a No Win No Fee agreement offers you several benefits. You get expert legal advice and representation without having to pay any upfront fees. This can be a great relief if you’re already feeling burdened with increasing costs compounded by a loss of income. A No Win No Fee agreement helps ease the burden on your already-strained finances. It also means your money is not at risk at any time. Your solicitor funds the entire proceedings from beginning to end and bears the costs if your claim is unsuccessful.
If you believe you have an escalator accident claim and would like to discuss with a personal injury solicitor what compensation you may be due, please contact us today for a free consultation.