Like other forms of transportation, trains can become involved in serious accidents that can cause injuries and death. In 2018, more than 8,000 people sustained injuries from train accidents, with over 840 people dying as a result of train accidents, according to the National Safety Council (NSC).
If you have suffered injuries in a train accident, you may be able to pursue damages against the liable parties. This could allow you to recover compensation for your medical bills, lost wages, pain and suffering, and more.
If your loved one died in a train accident, you may be able to recover compensation in a wrongful death lawsuit.
An Albany railroad accident lawyer from Morelli Law Firm may be able to represent you in either a personal injury or wrongful death lawsuit against the party responsible for your damages.
You can discuss your case and your legal options with a member of our team when you call Morelli Law Firm at (212) 751-9800 for a free case evaluation.
Railroad Accident Causes
Train accidents can be caused by:
- Failing brakes
- Operator mistakes
- Defective rails
- Broken safety equipment
- Defective parts
Locomotive operators have a legal obligation to ensure their train is safe, meaning they must perform regular maintenance. When regular maintenance does not occur, it can place passengers, employers, and bystanders at risk.
Defective safety equipment can lead to collisions at railroad crossings. Since trains weigh considerably more than passenger vehicles, a collision at a crossing can lead to severe impact injuries.
If you have been injured in a railroad accident as a passenger bystander, it may be worth investigating if an involved party’s negligence caused your injuries. If so, you may be able to recover compensation in a personal injury lawsuit.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free case evaluation to review your legal options following a train accident.
If you choose to work with us, an Albany railroad accident lawyer from our firm may be able to identify the party liable for your damages and pursue them for compensation on your behalf.
Personal Injury Claims for Railroad Accidents
When an individual acts recklessly or negligently, and causes you harm, you may be able to recover damages for the harm they caused. Individuals and companies have a legal obligation to exercise prudence, meaning that when you are hurt because of negligence or intentional conduct, you can pursue a personal injury claim.
To be eligible to file a personal injury claim, your injuries must be a direct result of the responsible party’s negligent conduct.
Comparative Negligence
New York practices a comparative negligence rule which allows you to recover damages even if you are partially responsible for your injuries.
This means that if you were a passenger on a train and did not wear a safety restraint device during an accident, you may still be able to recover compensation.
However, if you are partially responsible for your injuries, your damages may be reduced by the percentage you are at fault for your injuries.
Albany Railroad Accident Lawyer Near Me 877-751-9800
Recoverable Damages in a Railroad Accident Case
When you sustain injuries from a train accident, you can request economic and non-economic damages. New York does not cap economic or non-economic damages in personal injury cases involving train accidents.
Economic
Economic losses are the actual financial costs you paid because of your injuries. If your injuries resulted in hospitalization, the bills associated with your treatment are considered economic losses.
Most economic losses can be proven with documents such as bank statements, receipts, and invoices.
Injuries can cause you to miss work. The lost income may be considered an economic loss as well.
Other examples of economic losses include:
- Damage to your personal property, such as your car or luggage
- Transportation costs to medical appointments
- Costs for medical devices needed because of your injuries
- Costs for in-home nursing and rehabilitation services
- Medically necessary modifications to your home
Non-Economic
When you are hurt in a train accident, some injuries are not able to be calculated or proven by submitting a bill. Non-economic losses consider how injuries impact your quality of life, happiness, and independence.
Accident victims can experience trauma, depression, and anxiety. Mental health problems can lead to chronic symptoms, which can lead to a loss of enjoyment.
If you cannot engage in the same activities that you did before the injury, juries may consider how that impacts your future and award non-economic damages.
Examples of Recoverable Damages
Accordingly, an Albany railroad accident victim may be able to recover the following damages:
- Medical bills
- Estimated future costs of medical treatment
- Lost wages
- Reduced ability to earn
- Emotional distress
- Pain and suffering
- Property damage
- And more
The Statute of Limitations on Your Case
New York requires most personal injury claims to be filed within three years of your injuries, per CVP §214. If the claim is for wrongful death, you generally must file within two years of your loved one’s death, per EPT §5-4.1.
If you fail to file a complaint before the statute of limitations expires, you may be barred from collecting damages via a lawsuit. The severity of your injuries and the egregiousness of the responsible party’s conduct may not matter if you fail to file within the statute of limitations.
We can discuss what legal deadlines pertain to your case when you call us for a free case evaluation.
Call Morelli Law Firm Today
Railroad accidents can cause devastating injuries and can prevent you from working or pursuing an education. An Albany railroad accident lawyer from Morelli Law Firm may be able to file a personal injury claim and recover damages to compensate you for your injuries and suffering. We may also be able to handle your wrongful death case following on Albany railroad accident.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free case evaluation with a member of our team.