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Examples Of Potential Stuck In A Lift Compensation Payouts
By Cat Way. Last Updated 19th November 2024. If you have suffered psychological and/or physical injuries because you got stuck in a lift, you may be entitled to claim compensation. In order for it to be possible to claim, you’ll need to establish that negligent actions by another party is what caused you to get stuck in a lift and suffer harm.
In this guide, we’ll explain more about the key steps to making a personal injury claim after being stuck in a lift. We will also cover other topics including potential compensation payouts and claiming with a No Win No Fee solicitor.
You can speak to an advisor about making a personal injury claim after being stuck in a lift by contacting Legal Expert today. You can reach us through the following methods:
- You can call us on 0800 073 8804
- We’re also available to speak to through our 24/7 live chat service
- Or you can use our online contact form
Select A Section:
- Stuck In A Lift Compensation Payouts
- What Happens If You Get Stuck In A Lift?
- Can I Get Compensation For Getting Stuck In A Lift?
- How To Claim For Injuries From Being Stuck In A Lift
- No Win No Fee Stuck In A Lift Compensation Claims
- How Our Team Could Help If You Were Injured In A Lift
- Psychological Injury Claim Resources
Stuck In A Lift Compensation Payouts
If your potential stuck in a lift claim is successful, there are two possible heads of claim that could make up the compensation. These heads of claim are known as general damages (awarded to all successful claimants), and special damages (awarded to some successful claimants).
General damages, awarded to all successful claimants, provides compensation for the physical and psychological effects of being stuck in a lift. This head of claim takes into consideration factors such as:
- Loss of amenity.
- Pain severity.
- The estimated length of recovery.
At some point during the claims process, you may be asked to attend an independent medical assessment. Legal professionals can use the reports from this alongside the Judicial College Guidelines (JCG) to help calculate your general damages.
The JCG is a document that contains guideline compensation brackets for all sorts of injuries and illnesses.
Compensation Table
In the table below, we have taken some psychological injuries that could potentially be suffered after being stuck in a lift. We have also taken their guideline compensation brackets from the JCG (except for the first figure).
Please bear in mind that no specific amount of stuck in a lift compensation can be guaranteed for your potential claim, as all claims have unique circumstances.
Injury Severity Amount
Multiple Severe Injuries Plus Multiple Costs Serious Up to £150,000+
Psychological damage Severe £66,920 to £141,240
Moderately severe £23,270 to £66,920
Moderate £7,150 to £23,270
Post-traumatic stress disorder Severe £73,050 to £122,850
Moderately severe £28,250 to £73,050
Moderate £9,980 to £28,250
More Payouts for Stuck in the Lift Accidents
Special damages, awarded to some successful claimants, provides compensation for the financial effects of being stuck in a lift. For example:
- Healthcare costs.
- Travel costs if, for instance, you’re unable to drive because of your injuries.
- Loss of earnings if the severity of the injury has stopped you from working (this includes loss of future earnings if you’re unable to work on a long-term basis).
Evidence is needed to successfully receive special damages, as it is not awarded in all successful claims. Evidence can include bank statements, receipts, invoices and payslips.
Get in touch with us today to learn more about how stuck in a lift compensation is calculated.
What Happens If You Get Stuck In A Lift?
You could be affected in a few different ways if you are stuck in a lift. One example could be the development of certain psychological issues. For instance, you may develop claustrophobia as a result of the incident.
Alternatively, if the lift comes to an abrupt stop or falls suddenly, then your injuries could be physical. It’s important to remember that you can claim for psychological injuries too, not just physical ones. In some cases, you may even be able to claim for both.
You may be invited to an independent medical assessment and/or psychiatric evaluation so the extent of the damage can be properly recorded. You can present these assessments as evidence to support your claim.
Can I Get Compensation For Getting Stuck In A Lift?
If you’ve suffered harm because you were trapped in a lift, you might have a valid compensation claim. Your personal injury claim would depend on showing that the incident happened because of somebody else’s negligence.
If you are working or visiting a public place, which can include a privately owned block of flats where you live, a third party may have a legal duty to protect you from harm.
For example, if you were at work when you were stuck in the lift, your employer owed you a duty of care under The Health and Safety at Work etc. Act 1974 to take any reasonably practicable steps that keep you safe at that time. In other situations, it might be the owner of a building or the company that builds and maintains the lift that has a similar responsibility.
In public places you are owed a duty of care by the party in control of that space under the Occupiers’ Liability Act 1957. They have a duty of care to take necessary steps to ensure your reasonable safety, such as regularly maintaining any equipment accessible to the public to use, such as lifts.
You could claim compensation for the effects of being stuck in a lift if you can show that:
- A third party owed you a duty of care under the relevant legislation.
- They failed to uphold this duty.
- As a direct result, you suffered physical and/or psychological harm.
You can call the number above to learn whether your potential personal injury claim could be picked up by one of our expert solicitors.
Stuck In A Lift – Compensation Claim Time Limits
In order to claim for a personal injury after being stuck in a lift, you must ensure that you begin proceedings within the correct time limit. This is generally three years from the date you were injured, according to the Limitation Act 1980. But this rule comes with some exceptions, for example:
- Those under the age of eighteen: For under-eighteens, the time limit is temporarily frozen. It reinstates on the claimant’s eighteenth birthday, and ends on their twenty-first birthday.
- Those who lack the mental capacity to claim for themselves: In this case, the time limit is suspended indefinitely. If the claimant recovers the required mental capacity, then the time limit will begin on the date of their recovery.
In both of these cases, a litigation friend can start proceedings on the claimant’s behalf as long as the time limit is suspended.
To learn more about claiming for an injury after being stuck in a lift, compensation amounts, or time limit exceptions, get in touch with our team today.
How To Claim For Injuries From Being Stuck In A Lift
If you suffered injuries or psychological damage due to being stuck in a lift, you might like to know how to claim. In this section, we look at the pre-action protocol for personal injury claims and explore examples of evidence. You can appoint a solicitor to represent you at any point during the claiming process.
To start a claim, you should send a letter of claim to the defendant that includes a clear summary of what happened and the injuries you suffered. It must contain sufficient information for the defendant to assess liability. They then have 21 calendar days to identify the insurer. The letter of claim may have asked for a disclosure of relevant documents. These must be supplied. Expert medical evidence may also be required. From there, the insurer has a maximum of three months to investigate. Once liability is confirmed, an offer of compensation can be made.
Your claim must be supported by evidence that you suffered injuries because of being stuck in the lift. Evidence that might be useful in a personal injury claim may include:
- Symptom diary. This could include details of the impact the symptoms had on your life.
- Medical records. These will include the date you sought treatment for your injuries.
- Lift maintenance records. Your solicitor can request a disclosure of these if they are deemed relevant.
- CCTV footage. If the lift has CCTV, you can request the footage of yourself.
Free advice about what evidence can support your claim is available from our advisors if you get in touch. If your claim is eligible, you could be connected with one of our No Win No Fee solicitors.
No Win No Fee Stuck In A Lift Compensation Claims
Who could make a No Win No Fee stuck in a lift claim? If you have been stuck in a lift through the fault of a third party, you may be looking to make a psychiatric injury compensation claim for the mental harm that you have suffered.
One way to claim for being stuck in an elevator is to do so with a No Win No Fee solicitor. Making a personal injury claim for being stuck in an elevator with a solicitor can bring many benefits, as your solicitor can collect any evidence needed to back up your claim, communicate with the third party, ensure your claim is filed in full and that you receive the right amount of compensation. Also, if your case goes to court, they can represent you here.
A solicitor may offer to work on your stuck in an elevator claim on a No Win No Fee basis through a Conditional Fee Agreement. This generally means:
- There are no fees needed upfront
- If the claim fails no fee to pay for the service the solicitor offers
- If the case is won, under The Conditional Fee Agreements Order 2013, the solicitor can take a legally capped success fee.
- If the case fails, this success fee is not owed.
How Our Team Could Help If You Were Injured In A Lift
We have a very simple way for you to get the legal help you need when you need it. Just follow the three steps below:
- Call our claims team on the phone number in the next section, to have your questions answered.
- A claim advisor will evaluate your claim for you, and provide you with any additional information you need about the claims process.
- An accident and injury lawyer will proceed to process your claim for you.
We believe that our simple new claims process makes it easier for claimants to get the claim underway quickly, with minimum fuss.
Start Your Claim For Being Stuck In A Lift
Do you believe you have a valid claim for being trapped in a lift? If you do, contact our claims team on 0800 073 8804. They will answer any questions you have, talk to you about compensation payouts and how much you could be able to claim, and provide vital information such as the personal injury claims time limit that will apply.
Psychological Injury Claim Resources
You might like to check out these external sites that have relevant information:
- Thorough Examination And Testing Of Lifts
- Lift Maintenance And Inspection
- The Workplace (Health, Safety and Welfare) Regulations 1992
You may also like to read these other guides:
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