FREE CONSULTATION - CALL NOW!

212-LAWYERS or (212) 344-1000

Amtrak Victims are Fighting for a Piece of the Pie

Filing a personal injury lawsuit is the only way you can claim compensation for the harms and losses you have suffered due to somebody else’s negligence or carelessness. When you are injured in a train accident, the procedure is the same, but the amount of compensation victims can receive is capped as it should be according to many folks based on some of the irrational verdicts that have come to the forefront in the past two decades.

The John Grisham book The Rainmaker illustrates this.

A law was passed in 1997 that put a cap of $200 million on damages per train crash. Since rail companies have federal funding because they are not that profitable and need tax payer support (though many people believe this should be cut or ended), this cap was put in place to protect tax payers. Some members have tried to increase this cap but because of America’s terrible financial situation, this attempt has been curtailed.

Personal injury lawyers mainly look for two things, which are liability and insurance limits. For Amtrak crash victims, proving liability is not going to be much of an issue, but the cap puts a limitation on the amount that can be claimed since there are around 200 injured and 8 dead. Secondly, there are quite a few passengers who have suffered serious injuries such as broken bones and so on, which could require ongoing treatment and care for the rest of their lives.

What can Work for Amtrak Crash Victims

Since the present Amtrak derailment has caused damages on such a massive scale there is a possibility of victims and their lawyers coming together and challenging the cap itself, on the basis that it cannot be constitutional to limit damages on a figure that was worked out in 1997. Considering inflation and present costs, it would not be too difficult to prove that the cap is outdated and needs to be revised. However, challenging the cap could be a long process and victims may have to wait for many years to find adequate compensation.

On the other side of the coin this approach may not even work since how often does a crash like this happen? Also, going back to what was said before, Amtrak is not even profitable. It is tax payer supported. So going this route is fraught with danger. In addition, $200 million is still a giant monetary figure.

Personal injury lawyers of Amtrak crash victims might also take a stand on punitive damages, and present it as a separate claim, to get around the $200 million cap. Punitive damages may not be included under the present cap, and Congress might be able to pass some extension to the present law to accommodate the enormity of damages of the present tragedy.

Amtrak is Broke

There is another possibility that might provide a quicker solution; however, it will require Amtrak’s cooperation. If the train company admits liability, and assesses the amount of damages speedily, there is a chance of a separate fund being set up for compensating victims. This is something similar to the fund that was set up to compensate victims of the BP oil spill or victims of 9-11. But this may not work because as already stated Amtrak does not have any extra money, BP did. Regarding 9-11, America was not as broke then and insurance came through for 9-11 victims. There were many insurance companies involved in that type of payoff.

Amtrak can barely keep the lights on.

$200 Million is a Nice Chunk of Change

At the end of the day, it will be a collective effort, and mediation ability of personal injury lawyers. Law firms representing Amtrak crash victims will have to be experts in dispute resolution, negotiating settlements, and in presenting an accurate picture of the damages suffered by their clients.

NYC Personal Injury lawyer - RMFW Law Logo Inverted

Get a Free Consultation

No Win No Fee
April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
See All Reviews
js_loader