New York City Personal Injury Law Blog

New York Subway Express Derailment – Personal Injury Compensation Lawsuits to Follow

Posted on May 23, 2014 in Train Accidents

On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP

Four people have sustained serious injuries and have been taken to the hospital for treatment while at least 15 other sustained minor injuries when a New York subway express F train derailed in a Queens tunnel on Friday. Passengers were rescued by firemen, emergency workers, and police officers. The rescue was orderly and took more than an hour to be completed.

Six of the eight cars of the train heading to Manhattan derailed but stayed upright. Some passengers said that there was a lot of smoke, but the fire officials said that there was more dust than smoke. The driver and the conductor of the train will be tested for blood alcohol levels as part of the investigation into the derailment. If the tests return positive, the department will be liable to pay personal injury accident compensation to all the injured.

Personal Injury

When a person sustains injury in an accident caused by the negligence of another they are eligible to ask for financial compensation for the personal injury sustained. Personal injury can occur during slip and fall accidents, automobile accidents, train derailments, from dog bits, and more. When this happens the injured has to not only obtain prompt medical treatment but also try and deal with the other ramifications of the injury.

These can include finding the money for the treatment, loss of wages and income during the recovery period, additional expenses since the injured person cannot undertake the chores they used to around their home, modifications to the home to enable them to cope with the injury during the recovery period, and so on.

Personal Injury Compensation

Since a personal injury can lead to multiple expenses, those suffering from it have the right to ask the person at fault to compensate them for their treatment costs and pain and suffering. For this, the injured person has to retain an experienced personal injury lawyer in New York who can talk to the representatives of the at fault person and negotiate a fair personal injury compensation. In many cases, the financial settlement will have to be paid by an insurance company.

In such cases, the injured person should ensure that they do not accept the personal injury compensation offered by the insurance adjuster without first consulting a personal injury lawyer. It is better if the injured person does not make a statement to the insurance company or any legal representative of the at fault person without consulting their lawyer. This will help ensure that they receive the financial compensation due to them.

Long Term Impact of Injuries

When it comes to negotiating financial compensation for a personal injury, an experienced personal injury lawyer in New York will take into account the fact that some injuries have a long term impact. Sometimes, the impact of the injury is noticeable only after a few days or months after the accident.

Legal Option

If the insurance company does not offer a fair compensation, the personal injury lawyer can exercise the option of filing a suit in court to ensure that you are financially compensated for the injuries sustained.

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