655am i got stuck in a very small parking lot elevator. after 15 min of bell ringing and kicking the door and screaming for someone to help me the parking lot attendant who was directly down stairs from where I was let me out. He said he was never told of a elevator and he didnt know what the bell ringing was all about. I had an anxiety attack which let to a TIA trip to the emergency room. I was off work 3 1and1/2 days. I have more anxiety now. Can I recoup my losses?
Very frustrating situation indeed. You have more than one potential defendants in this case -- the building owner/management company, the elevator company, the elevator maintenance company, and the list could go on.
The TIA is a legitimate injury and its cause would have to be determined by a doctor to a reasonable medical probability. The anxiety that you suffered and are now suffering is likewise a legitimate injury which, again, would have to be diagnosed and treated by the appropriate doctor or psychologist.
Your claim for loss of earnings is also proper in my opinion.
The viability of your case depends on, among other things, whether or not you can prove that the appropriate parties (to be determined) were negligent, the extent of your damages and whether or not your damages were actually and proximately caused by this particular situation.
You should contact a local attorney who handles this type of matter for an analysis of the viability of your case.
While this was an unfortunate incident, many attorneys would not take it because of the limited damages issue. The parking lot attendant should have known about the elevator, but at the same time you were only there for 15 minutes. However, someone might be willing to handle it for you. Most attorneys give free consultations so you should contact someone near you and see what they think.
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