What You Need to Know to File a Claim for a Train Accident

If you have recently been in a train accident you know first hand how scary it can be and how many people it affects. There are dozens of people that suffer injuries and there is usually a ton of property damage caused as well.

If you or someone you know have recently been in a car accident we have put this guide together for you.

First Things First

If the train accident caused you to have an injury or someone you knew died during the accident and it is the railroad companies fault then you can hold the company liable for all the damages. You also have the right to sue any other vehicles involved in the accident.

Basically, you have the right to sue any person or entity that was responsible for the train accident. 

Keep in mind that most train accident claims are settled outside of court to avoid going to trial. Typically transit authorities and train companies try to avoid any negative press that comes with a lawsuit. 

Settlement Negotiations

A settlement negotiation makes it less risky for everyone. It also avoids extra expenses. To reach a settlement both parties have to agree and normally multiple offers are given to the affected parties.

Agreeing to a settlement makes receiving payment faster because there is no trial or jury involved. The downside of a settlement offer is that the jury might have awarded a much higher figure than the final agreement you settle for. 

Hiring a Professional 

Unless you are familiar with accident laws and more specifically train accident laws calling in a train accident attorney will make the process easier for you. During such a difficult and emotional time, why not let a professional help you navigate through the messy situation at hand?

A lawyer will have the knowledge to speak to the attorneys that the train company hires to help them argue their side of the story. 

What If I Was a Pedestrian?

If you happen to be a pedestrian that was crossing railroad tracks and were injured by a train you might also have a case on your hands. As a pedestrian, you have to look and listen as you approach tracks but there is no law that you have to come to a full stop if there is no gate or stop sign at the intersection.

A lawyer can help establish your case and help you navigate the laws in your state when it comes to pedestrians involved in a train accident. 

Recoverable Damages

If you have suffered because of a train accident then you have the right to any medical expenses that you are currently paying due to the accident and also for any future medical expenses. The same applies to any wages lost due to the accident and any future wages that will be lost, the person at fault will have to pay for those wages.

If it is proven that the person at fault is found to have caused the accident due to terrible conduct then the person affected is also allowed to file punitive damages against the responsible party. 

If the passenger on the train dies from the accident then the survivors have the right to full compensation from the losses that come from the passenger dying. The survivors also have the right to be compensated for all the emotional distress damage.

Railroad Employees

While we are talking about everyday passengers taking advantage of public transportation and finding themselves in an accident sometimes railroad employees might find themselves in an accident as well. The lawsuit and settlement process is entirely different for a railroad employee. 

Train employees are covered by the Federal Employers Liability Act also known as FELA. This law makes it a bit easier for injured railroad workers to recover their losses and FELA claims do not have a railroad liability cap giving the employee a better outcome. 

Filing a Lawsuit

In order to increase your chances of winning your case and have what you deserve you want to file your lawsuit as soon as possible. When you hire an attorney they will take care of the paperwork and the research. They will gather all the proof they need to show that there was a breach of duty and the actual damages that they caused. 

Once your lawyer shows that the defendant breached their duty and in turn caused all of your injuries which then caused your damages then you will more than likely receive what you deserve. 

This type of legal action is negligence. Because of the complexity of a negligence case and the amount of research and proof that you need. Please do not attempt to take this on all by yourself (unless you happen to be a train accident attorney).

Feeling More Comfortable With the Above Train Accident Knowledge?

We hope that with the above information about being in a train accident you have the confidence to move forward and receive justice. While this might be a stressful time in your life you can rest assured that you will receive what you deserve as long as you follow our advice above. 

Do not forget that every state is different and has different laws when it comes to negligence and compensation. This is why hiring an experienced attorney is always highly recommended. 

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