The time to settle an elevator accident case varies based on factors like injury severity, liability disputes, and whether the case settles out of court or goes to trial. Straightforward cases may settle in 3 to 6 months, while more complex cases with severe injuries or litigation can take 1 to 2 years or longer. Working with experienced attorneys like Weir & Kestner Injury Lawyers can help expedite the process and secure fair compensation.
Keep reading to learn more, then call our Nashville premises liability attorneys at (615) 220-4180 to schedule your free consultation.
Factors influencing the timeline of an elevator accident settlement
Several key factors determine how long it might take to settle an elevator accident case.
1. Severity of injuries and medical recovery
The nature and extent of your injuries play a significant role in the timeline. Severe injuries that require ongoing medical treatment, surgeries, or rehabilitation may delay settlement negotiations. Attorneys often wait until you reach maximum medical improvement (MMI), where your condition has stabilized, to assess the full scope of damages, including future medical expenses and lost earning capacity.
2. Determining liability
Elevator accidents often involve multiple potentially liable parties, such as:
- The property owner
- The elevator maintenance company
- The elevator manufacturer
- A third-party contractor
Under Tennessee’s premises liability laws (Tennessee Code Annotated § 66-28-301), property owners, including elevators, must maintain their premises safely. Establishing liability may require thorough investigations, including reviewing maintenance records, inspection logs, and witness testimony, which can prolong the timeline.
3. Evidence collection
Building a strong case involves gathering key evidence, such as:
- Maintenance and repair records
- Surveillance footage
- Witness statements
- Expert testimony from engineers or elevator safety specialists
This investigative process can take time, particularly if documents or evidence are difficult to obtain or additional inspections are necessary.
4. Insurance negotiations
Insurance companies representing property owners or maintenance firms often try to minimize payouts. Adjusters may challenge liability, undervalue claims, or delay negotiations. Skilled representation from Weir & Kestner Injury Lawyers can expedite this process by countering these tactics and advocating for fair compensation.
5. Litigation vs. settlement
Most elevator accident cases settle out of court, which is generally quicker than pursuing a lawsuit. However, if settlement negotiations fail, litigation may be necessary. The litigation process, including discovery, depositions, and trial preparation, can add months or even years to the case timeline.
Typical timeline for elevator accident settlements
While every case is unique, the following general timelines can help you understand what to expect:
- Straightforward cases with minor injuries: 3 to 6 months
- Cases with moderate to severe injuries: 12 to 18 months
- Cases requiring litigation: 2 years or more
How Weir & Kestner Injury Lawyers streamline the process
At Weir & Kestner Injury Lawyers, we understand the emotional and financial toll of waiting for an elevator accident settlement. Our team works diligently to streamline the process by:
- Investigating the accident promptly
- Identifying all liable parties
- Negotiating aggressively with insurance companies
- Filing necessary legal documents efficiently
- Keeping you informed at every stage of your case
We aim to secure maximum compensation for your medical expenses, lost wages, pain and suffering, and other damages as quickly as possible while fully protecting your rights.
Contact Weir & Kestner Injury Lawyers for help with your elevator accident case
Navigating an elevator accident case can be overwhelming, especially when facing insurance companies or liable parties determined to avoid responsibility. Weir & Kestner Injury Lawyers are committed to fighting for justice and fair compensation for our clients in Nashville and across Tennessee.
Don’t wait to seek legal guidance if you or a loved one has been injured in an elevator accident. Contact us today for a free consultation to discuss your case, understand your legal options, and get the experienced representation you need to achieve a successful settlement. Call (615) 220-4180 now.