Types of Elevator Accidents
Elevator accidents can occur in various ways, including:
- Sudden stops or drops
- Doors closing too quickly or with excessive force
- Misalignment between the elevator car and floor
- Electrocution due to faulty wiring
- Tripping hazards entering or exiting the elevator
- Entrapment due to mechanical failure
Don’t Take These Steps After an Elevator Accident
Elevator accidents, while relatively rare, can result in serious injuries. If you've been hurt in an elevator incident, it is important to know that you may be entitled to compensation under premises liability laws.
These laws hold property owners and managers responsible for maintaining safe conditions, including properly functioning elevators. Before we dive into what you should avoid doing after an elevator accident, let's briefly explore some common types of elevator incidents.
Now that we've covered the basics, let's focus on what you should avoid doing after an elevator accident to protect yourself and your potential personal injury claim:
Don't Leave the Scene Without Documenting Evidence
After an elevator accident, your first instinct might be to leave the scene as quickly as possible, especially if you're embarrassed or think your injuries are minor. However, this can be a crucial mistake.
Failing to document the scene can significantly weaken your case. Don't leave without taking photos of the elevator, any visible malfunctions, and your injuries. If possible, get contact information from any witnesses. This evidence can be invaluable in supporting your claim and proving the property owner's negligence.
Don't Neglect to Report the Incident
Many people make the mistake of not reporting an elevator accident, thinking it's not serious enough or wanting to avoid making a fuss. This is a critical error. Always report the incident to the building manager, property owner, or relevant authority. Request that they file an official incident report and ask for a copy. This documentation creates an official record of the event, which can be crucial for your claim. Failing to report the incident promptly might lead to questions about the validity of your claim later on.
Don't Refuse Medical Attention
One of the biggest mistakes you can make after an elevator accident is refusing medical attention. Even if you feel fine initially, some injuries may not be immediately apparent. Adrenaline can mask pain, and certain injuries, like whiplash or internal bleeding, may have delayed symptoms.
By refusing medical care, you're not only risking your health but also potentially damaging your legal claim. Insurance companies may argue that your injuries weren't serious or weren't caused by the elevator accident if you didn't seek prompt medical attention. Always get checked out by a healthcare professional after an accident.
Don't Discuss the Accident on Social Media
In today's connected world, it's tempting to share your experiences on social media. However, posting about your elevator accident can seriously harm your case. Insurance companies and defense attorneys often scour social media for evidence to use against claimants.
Even seemingly innocent posts about your daily activities could be twisted to suggest your injuries aren't as severe as you claim. Avoid posting any details about the accident, your injuries, or your recovery process on social media platforms. It's best to keep this information private until your case is resolved.
Don't Accept a Quick Settlement Offer
After an elevator accident, you may be contacted by the property owner's insurance company with a settlement offer. While it might be tempting to accept a quick payout, especially if you're facing medical bills and lost wages, this is often a mistake. Initial settlement offers are typically much lower than what your claim may actually be worth.
Don't accept any offers or sign any documents without first consulting with a personal injury attorney. An experienced lawyer can assess the true value of your claim and negotiate on your behalf to ensure you receive fair compensation for your injuries and damages.
Don't Wait Too Long to Seek Legal Advice
Many people hesitate to contact a lawyer after an accident, thinking they can handle the claim on their own or that their case isn't serious enough to warrant legal representation. This can be a costly error. Personal injury claims, especially those involving premises liability, can be complex.
There are also strict time limits, known as statutes of limitations, for filing a claim. By waiting too long to seek legal advice, you might miss important deadlines or make mistakes that could jeopardize your claim. Consult with a personal injury attorney as soon as possible after an elevator accident. Most offer free initial consultations, so you have nothing to lose by getting professional advice about your rights and options.
By avoiding these common mistakes, you can protect your rights and strengthen your potential personal injury claim after an elevator accident. Remember, your priority should be your health and well-being, followed closely by preserving evidence and seeking appropriate legal guidance.
Call (516) 628-6402 to discuss your legal rights and options with Law Offices of Charles R. Gueli.