Stairway Accidents in Pennsylvania and New Jersey: What You Can Recover

by Daniel J. O'Brien obriend@whiteandwilliams.com

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Stairway accidents often result in very serious injury, especially stairway accidents in commercial buildings, where the stairs are made of tile or marble. Fractured bones and traumatic brain injuries are common.

In many of these situations, multiple parties may be at fault, including:

                            1. commercial and residential property owners,
                            2. commercial and residential landlords,
                            3. commercial and residential property management companies,
                            4. maintenance companies, and
                            5. contractors.

Proper investigation in serious stairwell accident cases will unveil liability of all parties, not just the immediate property owner. This is crucial to maximize recovery, especially in death or serious injury cases. 

Under Pennsylvania and New Jersey law, victims of stairway accidents may be entitled to recover damages for the following:

• past and future medical expenses, including rehabilitation and long term treatment costs,
• past and future lost wages,
• past and future pain and suffering, and
• loss of consortium.

Recovering Past and Future Medical Expenses

In most Pennsylvania and New Jersey stairway accident cases, these expenses are recoverable so long as the accident was caused by a third party.  Past medical expenses can be recovered by presenting the amounts of medical bills paid by insurance and presenting all out of pocket expenses for medical bills, co-pays, and deductibles.  Many commercial insurance policies carry a "med-pay" of anywhere between $5,000 and $10,000 that is available to pay for medical expenses, regardless of fault.  Future medical treatment can be presented by using projections of what treatment will cost.  This is done by using special experts known as life care planners, who plan out every aspect of future medical treatment, even including things like costs of having to renovate a home for wheel chair accessibility. 

Recovering Past and Future Lost Wages

So long as the accident was caused by a third party, stairway accident victims can usually recover past and future lost wages.  Past lost wages can be presented by summarizing the lost wages, hourly or salary.  Future lost wages or "loss of future earning capacity" can be presented by using expert economists to project what the injured person would have made but for the accident and resulting injuries.

Recovering for Pain and Suffering

The laws of both Pennsylvania and New Jersey allow for those injured due to negligence of others to recover for their pain and suffering which results from the accident and injuries.  Evidence of pain and suffering is usually presented by the injured person's testimony, as well as testimony of family and friends.  In cases of disfigurement and significant scarring, pictures or video of the injured will also be helpful.

Loss of Consortium

This special type of damage claim compensates the injured person's spouse for loss of the comfort, services and relationship with the injured. Marriage before the accident is required to make this kind of claim. A common example is a husband who becomes disabled as a result of a stairway accident.  The wife or partner who now must be the caretaker would be able to make this claim.

If you'd like your case reviewed by our Pennsylvania and New Jersey stairway accident lawyers, call 877.944.8396 for a free, no obligation consultation.  We've handled stairway accident cases and achieved great results for our clients.