If I got injured when I got caught in elevator door, what can I do to seek legal action against the parking garage where the injury occurred?

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If I got injured when I got caught in elevator door, what can I do to seek legal action against the parking garage where the injury occurred?

At a downtown parking garage, I was attempting to get on elevator after person getting off exited. As I entered the elevator, the door began closing on me. I assumed that it was going to retract before or just after touching me. However, it did not stop. It crushed me to the point when I heard grinding and crackling in my left shoulder causing a lot of pain, to the point that I almost passed out. It turns out that I sprained my shoulder. Now, I’m in a sling with a good amount of pain to contend with.

Asked on February 20, 2012 under Personal Injury, Oregon

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the parking garage and the manufacturer of the elevator for negligence.  Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for both the parking garage and the elevator manufacturer.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claims filed with the insurance carriers for the parking garage and elevator manufacturer should include the medical bills, medical reports and documentation of wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file your lawsuit for negligence.  If the case is settled with both insurance carriers (parking garage and elevator manufacturer), NO lawsuit is filed.  If the case is settled with one party, but not the other, only name the party with whom the case has not been settled as a defendant in your lawsuit.  If the case has not been settled with either party, name both the parking garage and elevator manufacturer as defendants in your lawsuit.  If the case is NOT settled with the insurance carriers, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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