New York City Personal Injury Law Blog
What You need to Know About Train Accidents in a Personal Injury Lawsuit
Posted on Jun 8, 2014 in Train Accidents
On behalf of Rosenberg, Minc, Falkoff & Wolff, LLP
Every year, more than 2,500 train accidents are reported every year, according to the statistics of the Department of Transportation and the Federal Railroad Administration. These accidents often have devastating consequences and in many cases, even lead to death.
Trains are massive machines with a huge mass. Whether it is a commuter train, passenger or freight train, light or heavy rail or rapid transit systems, stopping a train at a moment’s notice is almost impossible. This leads to the inevitable situation that train collisions often lead to catastrophic results without injury and death.
Train Accident Claims
Causes of train accidents
There are many reasons that accidents involving trains occur. There might be collisions with other trains, derailments, collision with pedestrians and motor vehicles, and collisions in unprotected or protected railroad crossings, among others. Most often, these accidents are the result of mechanical failure, defective or inadequate safety protection equipment and devices at railway crossings, human error by employees and operators, poor maintenance of the trains and their equipment by the train company, or obstructions on tracks.
In each of these situations, liability may be assessed, and victims might be able to file a claim in a personal injury lawsuit and recover their losses.
Injuries from a train accident
There are many different kinds of injuries that a person sustains when they have been victim of a train accident. The most common involves the spinal cord and whiplash. This may result in quadriplegia or paraplegia. Other injuries may be on the lines of migraine headaches, muscle and joint pain burn injuries and in some extreme cases, even death.
Train Accident Claim
The importance of hiring a personal injury lawyer in a train accident case
A wrongful death or personal injury lawsuit that stems from an accident involving a train, can be quite a complicated matter, especially when it comes to determining who is legally responsible, the cause of the accident, and operating under specific statutes of limitations and laws. One of the first things that need to be done is gathering and investigating all the evidence that relates to the accident in question.
Next, the extent and nature of the injuries suffered by the victim need to be documented, and financial projections need to be made about how these injuries will affect the life of the victim and his family in the future. This requires the expertise and skill of a qualified and trained personal injury lawyer who will oversee the entire process and will be able to offer victims the best representation that would lead to the best possible outcome for their case. These lawyers are well-versed in the legal and technical aspects of handling a case such as this.
Critical Legal Help
They will be able to assess the elements of your case, along with your medical condition and prepare a solid ground for you to seek financial compensation from the entity due to whom the injury or accident occurred. They have the skill to handle individual claims in a collective setting as well. This is their domain and an attorney’s assistance in this matter is essential.