By Stephen Bishop. Last Updated 4th April 2024. If you’ve been stuck in a lift, you may have suffered an injury during its malfunction or experienced stress and anxiety in being stuck. In some cases, you could make a personal injury claim to get compensation for your suffering.
In this guide, we explain the stuck in a lift compensation claims process and how we can help you if you’ve been stuck in a lift. We also explain compensation payouts and how our panel of No Win No Fee solicitors can help you.
To get a free consultation on your claim, please call us on 0333 000 0729 or use our online claims form to reach us. We’re looking forward to hearing from you.
Jump To A Section
- Calculating Compensation For Being Stuck In A Lift
- What Else Can You Claim For After Being Stuck In A Lift?
- Can I Claim Compensation If I Get Stuck In A Lift?
- What Could Cause A Lift To Malfunction?
- Evidence For Stuck In A Lift Compensation Claims
- No Win No Fee Stuck In A Lift Compensation Claims
- Essential References On Personal Injury Claims
Calculating Compensation For Being Stuck In A Lift
If you make a successful claim for compensation, your compensation package will be awarded in two parts.
You will be able to claim:
- General damages: General damages are compensation for the pain, suffering and loss of amenity, caused by the claimant’s injuries.
- Special damages: Special damages reimburse the injured person for any expenses or financial losses they have accrued, as a result of their injuries.
If you are curious about how much compensation you could be awarded, you can use our personal injury claims calculator to estimate how much you could receive in general damages. Of course, this is only an estimation. For a more accurate quote, contact Legal Helpline today to speak to an advisor and see how much compensation you could claim.
| Type Of Injury | Notes | Amount |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | If being stuck in a lift led you to sustain multiple serious physical/mental injuries, then a valid claim could compensate you for all of these injuries plus any related special damages, such as loss of earnings. | Up to £200,000+ |
| Psychiatric Damage Generally - Severe | A very poor prognosis, with the person severely suffering to cope with daily life. | £54,830 to £115,730 |
| Psychiatric Damage Generally - Moderately Severe | The person will suffer with significant issue regarding coping with their social/working life, however, there will be a more optimistic prognosis. | £19,070 to £54,830 |
| Psychiatric Damage Generally - Moderate | Despite suffering with various issues, the person will have made significant improvements. | £5,860 to £19,070 |
| Psychiatric Damage Generally - Less Severe | How long the person suffered for, as well as how much various daily activities were impacted, will affect how much is awarded. | £1,540 to £5,860 |
| PTSD - Severe | The person will be unable to function/work as they did pre-trauma due to permanent issues. | £59,860 to £100,670 |
| PTSD - Moderately Severe | There is room for some recovery with help from a professional following a positive prognosis. | £23,150 to £59,860 |
| PTSD - Moderate | The person will have made a significant recovery, with any continuing effects not being majorly disabling. | £8,180 to £23,150 |
| PTSD - Less Severe | Within 1-2 years a virtual full recovery will have been made. | £3,950 to £8,180 |
| Bladder | Despite there being an almost full recovery, the person will still suffer with some interference with natural function. | £23,410 to £31,310 |
Our personal injury claims calculator excludes special damages.
What Else Can You Claim For After Being Stuck In A Lift?
If you make a successful personal injury claim for being stuck in a lift, your compensation settlement may also include special damages.
This head of claim relates to any financial harm or losses that you have incurred due to your injuries.
Special damages may be able to compensate you for the following:
- A loss of earnings – if your injuries sustained from being stuck in a lift cause you to take time off work, you may suffer a loss of earnings.
- Travel expenses – you may have to pay for travel to and from your GP or hospital appointments relating to your injuries.
- Prescription fees – you could pay for your prescription if you require medication to alleviate symptoms of your physical or psychological injuries.
It’s important to provide evidence of any financial harm you have incurred. For example, a payslip can prove a loss of earnings, or receipts can be used to prove travel expenses and prescription fees.
Get in touch with one of our advisors today to discuss your potential personal injury claim and to see if you could be eligible to work with one of the solicitors on our panel.
Can I Claim Compensation If I Get Stuck In A Lift?
There are a few different incidents that could result in becoming stuck in a lift. These include:
- A public liability accident. If you are in a public space, such as a shopping centre, the individual or organisation in control of that space owes you a duty of care under the Occupiers’ Liability Act 1957. This means that they must ensure your reasonable safety. If you suffer harm because of a breach in this duty, you might be able to make a personal injury claim.
- An accident at work. Under the Health and Safety at Work etc. Act 1974 (HASAWA), your employer owes you a duty of care to take all reasonably practicable steps to ensure the health, safety and welfare at work of all their employees. Should you suffer harm because your employer breached their duty of care, you could be eligible for compensation.
Additionally, there are other pieces of legislation that govern how lifts should be maintained to be compliant with health and safety regulations. We look at this later in this guide.
In order to have strong grounds to seek compensation for an accident in a lift, you will be required to prove that you suffered harm because a liable party breached the duty of care owed to you.
If you would like to check your eligibility to make a personal injury claim due to a malfunctioning lift, speak with an advisor from our team.
What Could Cause A Lift To Malfunction?
You may be eligible for compensation if you have suffered a mental or physical injury due to getting stuck in a lift. There are various instances where you may use a lift. For example, you may use a lift at your office job or in a public shopping centre.
There are also different circumstances where a lift could become stuck. For example, if there are too many passengers meaning the recommended weight limit is exceeded, this could cause the lift to become stuck in between floors. If the lift is stuck, depending on how long you are trapped in the lift, you could suffer from various mental injuries, such as claustrophobia or anxiety.
Causes of being stuck in a lift could include:
- A power failure. If it was due to a short circuit, the accident may have been preventable.
- Deliberate sabotaging or tampering.
- Engine failure. This may be because a component of the engine has broken or worn away. This could happen because the lift operator fails to do routine checks.
- Engine contamination. The oil in the motor can become contaminated with tiny bits of metal, if it is not checked regularly, causing the lift to break.
- Operating system failure. This could mean the lift doors do not open when the carriage reaches the correct floor.
What to do when trapped in a lift? Try not to panic. It’s best to stay calm and use the contact button to report the mishap to the building’s security team.
If another passenger panics try to reassure them and keep calm. Use a mobile phone to call someone if necessary. Do not jump in the lift to try to restart it, as this could cause the lift to fall, causing a serious injury such as a broken or fractured bone.
Do not climb through the door on top of the lift onto the carriage, or try to open the doors to jump into the shaft, because if the lift starts moving again, you could be crushed.
Do not hesitate to contact our advisors today if you have any questions about making a personal injury claim for being stuck in a lift. Our team is available 24/7 to offer you free legal advice.
Evidence For Stuck In A Lift Compensation Claims
Evidence is required to support a claim for psychological and/or physical injuries after being stuck in a lift. You’ll need to provide proof that the injuries you’re claiming for occurred because a party breached a duty of care they owed you.
Examples of evidence that could potentially help strengthen your claim include:
- Medical records or a psychologist report that confirm the mental/physical injuries you suffered.
- Any video footage available showing the incident that led to your injuries, such as CCTV footage.
- Photographs of the accident scene and any visible injuries you suffered from the accident.
- The contact details of any witnesses who can provide a statement about the accident that caused your injuries.
If a personal injury solicitor is supporting your claim, then they can assist with gathering evidence. For more advice on gathering evidence or other steps of the claiming process, you can contact our team of advisors for free today.
Is There A Time Limit For Seeking Compensation?
When beginning a personal injury claim after being stuck in a lift, you need to begin legal proceedings within 3 years. This is stated in the Limitation Act 1980.
The two exceptions to this time limit are if the claimant:
- Is under 18
- Lacks the mental capacity to claim
For children, the time limit is suspended until their 18th birthday. For those who lack the mental capacity to claim their time limit remains suspended indefinitely. While the time limit is paused, a litigation friend can be appointed to claim on behalf of the injured person.
If no claim is made for a child while the time limit is paused, they will have three years from the date of their 18th birthday to pursue their own claim.
If no claim is made for a person with a reduced mental capacity, they will have three years from the date they recover their capacity.
For more information on the time limit for starting a lift injury compensation claim and the exceptions that could apply, please get in touch using the number above.
No Win No Fee Stuck In A Lift Compensation Claims
If you have valid grounds to claim for injuries you suffered from being stuck in a lift, then our advisors could connect you with a solicitor on our panel.
The solicitors on our panel can support personal injury claims under what’s called a Conditional Fee Agreement (CFA). This is a type of No Win No Fee agreement, and a benefit it offers is that you won’t need to pay your solicitor for their services before your claim has begun or while it’s being processed. Another benefit is that you won’t be required to pay your solicitor for their work if the claim fails.
If your claim is successful, then your solicitor will take a success fee from you. This means that your solicitor will take a small and legally capped percentage of the compensation awarded for your case. The legal cap ensures that you get to keep most of the compensation awarded.
To enquire about claiming for injuries following a lift accident with a No Win No Fee solicitor, contact our advisors today. Our team can provide free advice about your potential case and the process of making a claim. To get in touch, you can:
- Call us on 0333 000 0729
- Use our contact form.
- Or you can message us through our 24/7 live chat service.
Essential References On Personal Injury Claims
You may find these Legal Helpline guides helpful.
How Much Compensation For An Accident In A Shop Claim? – Learn more in this comprehensive guide.
How Much Compensation Can I Claim For An Accident At Work? – Find out in this guide.
How Much Compensation Can I Claim For A Public Park Accident? – Learn more in this guide.
Lifts Regulations Guidelines: 2016
An HSE Guide To Passenger Lift And Escalator Safety Standards
Remember, if you need any more help or advice after being stuck in a lift, please get in touch.
