- Personal Injury
- Vehicle Accidents
- Other Practice Areas
- Client Victories
- Why Refer?
- Our Firm
- Contact Us
Escalators are a useful way of moving people from one level of a structure to another, but they can also be dangerous when something goes wrong. Injuries from escalator accidents can be serious, leading to hospitalizations, surgeries, and the need for continuing care; medical and household bills mount quickly at a time when you may be unable to work. Sometimes injuries may even lead to amputations or death.
If you or a loved one was hurt in an escalator accident due to another party’s negligence or fault, you may be entitled to compensation through insurance or a personal injury claim. However, Alabama injury and premises liability laws are complicated, and insurance companies and their lawyers will often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own. At this difficult time, when you are trying to recover from your injuries, it can help to have an experienced Mobile escalator accident lawyer fight for your rights and the settlement you deserve.
The Mobile escalator accident attorneys at Caldwell Wenzel & Asthana (CWA) are fully prepared to investigate what happened to cause your injuries and hold the at-fault parties accountable. We know Alabama laws, courts, and the system, and how to deal with insurance companies and their lawyers to achieve the maximum settlement possible.
We offer a free no-obligation case evaluation to discuss your escalator accident and determine the best way to move forward, so call us today.
When looking for a lawyer, you should seek one you trust and feel comfortable with, who also has the experience and resources necessary to investigate, negotiate, and litigate complicated escalator accident personal injury and wrongful death claims. Here are some reasons why we feel Caldwell Wenzel & Asthana is your best choice:
Time is of the essence when dealing with escalator accidents. It is important to gather evidence before it can be lost or destroyed. When you retain Caldwell Wenzel & Asthana, we start working for you immediately. We will:
Establishing liability for elevator accidents is complicated, as the facts and circumstances for each accident are unique. Escalators may stop short, reverse suddenly, or accelerate without warning, causing people to fall. Falls may result from missing teeth on stairs, gaps on steps, or broken handrails. Escalator owners and repair people have a responsibility to keep the escalator in good repair and fix any defects they knew or should have known about in a timely manner. If they fail to do so and you were injured as a result of factors such as equipment malfunction, inadequate maintenance, or design flaws, the responsible party may be held legally accountable.
Depending on the circumstances of the escalator accident, responsible parties may include the following:
To win your case, our escalator accident lawyers must be able to prove that another party, the defendant in the case, was negligent and at fault for causing your injuries. Proving negligence legally means showing the existence of the following elements:
If the accident was due to premises liability, we would have to show that:
In a successful Mobile escalator accident case, our attorneys may recover compensation for what is legally known as “damages.”
In Alabama, compensation should cover your economic or monetary damages you have encountered for your medical and rehabilitation costs, lost wages from being unable to work, and any property damaged in the accident. You may also receive compensation for your non-economic damages that do not have a specific dollar value but negatively impact your quality of life These may include physical, mental, and emotional pain and suffering, depression, and anxiety, and loss of quality of life and consortium. These often amount to even more than your economic losses.
After a serious accident, you are bound to have many questions. These are best addressed at your free consultation, but to get started, here are some answers to questions our escalator accident attorneys are often asked:
How much will my settlement amount be?
There is a wide range of damage awards possible in an escalator accident case, from thousands to millions of dollars. The amount you receive depends on the individual circumstances of the case and factors that include the actual costs of your losses, the severity and permanence of your injuries, whether you will be able to work again or need continuing care, and whether a wrongful death was involved.
What if I did something to contribute to the accident?
Under Alabama’s contributory negligence rule, if you were even 1% responsible for your accident, you cannot recover any compensation at all. This is one reason why it is so important to work with an experienced attorney, who would have to show that the other party was 100 percent at fault for the accident.
Are there Alabama laws for liability for escalator injuries?
Yes. According to Alabama law (Alabama Code Title 25 Chapter 13), “the responsibility or liability of any person, firm, or corporation owning, operating, controlling, maintaining, erecting, constructing, installing, altering, inspecting, testing, or repairing” the escalator is responsible for damages to any person or property caused by any defect.
Are there time limits for filing a claim?
Yes, Alabama has a statute of limitations, time limits for filing an injury claim. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the accident to file a claim; otherwise, the courts are likely to refuse to hear your case.
When you retain our escalator accident attorneys, rest assured that we will be there for you throughout the entire legal process to answer your questions and address your concerns.
Being involved in an escalator accident in Alabama is upsetting, and it is difficult to know where to turn. Having an experienced personal injury lawyer can take the burden off you and make a significant difference in ensuring that your rights and interests are protected.
The Mobile escalator accident attorneys at Caldwell Wenzel & Asthana have the skill, experience, and commitment to obtain the best possible recovery for you. We have a reputation for providing aggressive, results-oriented legal representation which serves our clients well. Other attorneys and insurance companies know that when we are handling a case, we will be prepared to take it all the way to trial.
Call us at (251) 444-7000 today to schedule a free, no-obligation, case consultation to get started.