A Guide To Making A Compensation Claim For A Lift Breaking Down

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How To Calculate Compensation For A Claim For A Lift Breaking Down

Within this guide, we will discuss when you could be eligible to make a personal injury claim for the harm caused by a lift breaking down. As well as setting out the eligibility criteria that must be met, we will also provide examples of how a lift may break down and the injuries this could cause you to suffer.

Additionally, we will share how compensation may be calculated for such claims and the different heads of loss you may be awarded compensation for as part of your settlement. This guide will also provide examples of evidence that could be used to support your case. Furthermore, this guide will list some of the various benefits of working with a personal injury solicitor of ours on a No Win No Fee basis.

You can contact our advisors today to discuss your case and receive free advice. They could also help answer any questions you may have. To connect with them today, you can:

Someone pressing the emergency button in a lift.

Jump To A Section

  1. How Much Compensation Can You Claim For A Lift Breaking Down?
  2. Eligibility Criteria To Claim If A Lift Has Broken Down
  3. How Could A Broken Down Elevator Be Caused By Negligence?
  4. What Evidence Do You Need To Claim For A Lift Breaking Down?
  5. Use A No Win No Fee Solicitor To Make A Lift Accident Claim
  6. Learn More About How To Claim Compensation If You’ve Been Stuck In A Lift

How Much Compensation Can You Claim For A Lift Breaking Down?

If you make a successful personal injury claim for a lift breaking down, you will be awarded general damages. Later in this guide, we will set out the criteria that must be met to be eligible to make a personal injury claim.

General damages compensate you for the pain and suffering your injuries have caused you, including both psychological and physical injuries. If you were in a lift when it broke down, and you became stuck, this could result in an impact on your mental well-being or even accelerate or exacerbate a pre-existing mental health condition. In the table below, we look at what injuries could be suffered and their guideline compensation amounts.

Those responsible for valuing your injuries may refer to the Judicial College Guidelines (JCG) alongside medical evidence. This document sets our compensation guidelines for various injuries at differing levels of severity.

We have used these guidelines when creating the table below, except for the first entry. Please only refer to it as a guide.

Guideline Compensation Brackets

Type of InjuryHow Severe?DefinitionAward Bracket Amount
Multiple Severe Injuries Plus Special DamagesSevereCompensation for multiple injuries that are severe in nature and the special damages they cause, such as a loss of earnings, care costs and travel expenses.Up to £200,000+
General Psychiatric InjurySevere Severe issues will make the person struggle to cope with their daily working and social life, there will be future vulnerability, as well as a poor prognosis. £54,830 to £115,730
Moderately SevereThe person will struggle significantly to cope with life, but the prognosis is more optimistic than severe cases.£19,070 to £54,830
ModerateThe person will have suffered with various issues, but improvements will have been made and there is a good prognosis.£5,860 to £19,070
Less Severe This award bracket takes into consideration the length of disability and the extent to which daily activities were disrupted.£1,540 to £5,860
Post-Traumatic Stress Disorder (PTSD)Severe Permanent issues that prevents the person from functioning anything close to the level they did prior to the trauma.£59,860 to £100,670
Moderately SevereSome recovery will be made with professional help, but significant issues will still be present for the foreseeable future.£23,150 to £59,860
ModerateHere, the injured person has made a large recovery with any continuing effects not being grossly disabling.£8,180 to £23,150
Less Severe Virtually a full recovery noted within a 12 - 24 month period. £3,950 to £8,180
BladderAlmost Complete RecoveryAn almost complete recovery, but the bladder will still suffer with some interference with its natural function for the long-term.£23,410 to £31,310

What Special Damages Can You Claim If You’ve Been Stuck In An Elevator?

In addition to general damages, you may also be awarded special damages as part of your compensation settlement. This reimburses you for any financial expenses caused by your injuries. This could include:

  • Lost income from time taken off work to recover.
  • Travel expenses to essential doctor appointments.
  • The cost of psychotherapy and counselling.
  • Prescription fees, such as paying for anti-anxiety medication.

To see whether you could make a claim for a lift breaking down, you can contact our advisors.

Eligibility Criteria To Claim If A Lift Has Broken Down

If you have been stuck in a lift while out and about in public and this has caused you to suffer mental or physical injuries, you may be thinking of making a personal injury claim. However, not all instances of being stuck in a lift will be eligible for a compensation claim. In this section, we look at who could have a valid personal injury claim.

When you are in a public place, the party in control of that space, otherwise known as the occupier, owes you a duty of care under the Occupiers’ Liability Act 1957. Per their duty of care, they must take steps to ensure your reasonable safety while you are visiting that space. This could include performing regular risk assessments of areas used by members of the public and also maintenance checks of any facilities they may use also.

However, being stuck in a lift when out in public may not be the occupier’s fault. Very often, lifts will be manufactured and installed by different parties. According to the Lifts Regulations 2016, before placing a lift for sale, the installer has to check that the design, how it has been manufactured and how it is installed is in accordance with the essential health and safety requirements. The installer must investigate any complaints and keep records of these complaints. If the installer or manufacturer is responsible for the lift breaking down, then your claim may be against them.

You may be able to make a claim for a lift breaking down if you can demonstrate that you meet the following personal injury claim eligibility criteria:

  • An occupier or another third party, such as an installer, owed you a duty of care.
  • This duty was breached.
  • Due to this breach, you suffered an injury.

There is a time limit to making a personal injury claim after a lift or escalator accident under the Limitation Act 1980. This means that legal proceedings must be initiated generally in most cases within 3 years. There are exceptions for those who lack mental capacity or are classed as a minor (under the age of 18).

It is important to note that to make a personal injury claim for a lift breaking down, you must have suffered a physical or psychological injury due to someone breaching their duty of care.

To see whether you may have a valid personal injury compensation claim, you can contact our advisors. They could also help answer any questions you may have about lift injury claims.

A woman visibly scared trapped inside an elevator.

How Could A Broken Down Elevator Be Caused By Negligence?

As previously mentioned, you would be able to make a personal injury claim for a lift breaking down if you can show that you suffered an injury in the incident and that this was caused by another party breaching the duty of care they owed you.

Some examples of why a lift may break down:

  • Failure to install the lift correctly.
  • If a lift is not regularly maintained.
  • If the lift operator fails to perform regular maintenance checks.
  • When the business occupier fails to report a fault.
  • When the lift is not maintained to the manufacturer’s guidelines.

These are just a few examples of why lift injury victims could make a personal injury claim after they have suffered an injury through a lift breaking down. To see whether you could make a lift accident injury claim, you can contact one of our advisors.

What Evidence Do You Need To Claim For A Lift Breaking Down?

If you intend to make a claim for a lift breaking down, you will need to provide evidence of the injuries you suffered as a result of this as well as evidence for who was liable for your injuries.

Some examples of the evidence that could be used in lift compensation claims include:

  • Medical evidence of the injuries sustained. This could be a copy of your medical records, or a diagnosis letter from a psychologist confirming the psychological injury you have been diagnosed with.
  • Any available CCTV footage of the incident.
  • The contact information of anyone who witnessed your accident or was inside the lift with you, as they could provide a statement at a later date.
  • Proof of any financial losses your injuries have caused you to suffer. For example, if you have suffered a loss of earnings, your payslips could help with proving this.

A solicitor could help you with gathering this evidence if you decide to work with one on your case. Contact our advisors today to see if you could be eligible to work with one of our solicitors who has experience working on lift accident claims.

Use A No Win No Fee Solicitor To Make A Lift Accident Claim

If you contact our advisors, they could inform you whether you could be eligible to claim for a lift breaking down that has caused you to suffer physical or psychological illness. If they deem your claim to be strong, they may also direct you to one of our personal injury solicitors.

Our lift compensation claim specialists usually offer their services under a Conditional Fee Agreement (CFA), which is a version of a No Win No Fee contract. Some of the benefits of claiming with a solicitor under this arrangement involve:

  • No upfront fees to pay for your solicitor’s services.
  • No ongoing fees to pay for your solicitor’s services.
  • If you are unsuccessful in claiming compensation, your solicitor will not ask you to pay them for the work they have provided.

For a claim that is successful, your solicitor will be due a success fee. This fee will be taken directly from your compensation as a percentage that is legally limited.

A solcitor helping a client claim for a lift breaking down and the injuries this caused them to suffer.

Contact Us

To see whether one of our No Win No Fee solicitors could help you claim for a lift breaking down, you can contact our advisors. They could offer you free advice for your lift injury compensation claim and answer any questions you may have about the claims process.

To connect with them today and to find out if you could claim compensation, you can:

Learn More About How To Claim Compensation If You’ve Been Stuck In A Lift

Additional guides by us regarding other types of personal injury claims:

Some helpful external resources:

If you have suffered an injury and would like to know whether you could claim for a lift breaking down, you can contact our advisors.

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