Railroad injuries can be catastrophic. If you or a loved one suffered injuries in a railroad accident in New York, you could be entitled to compensation for your damages and losses. Knowing who to sue in these types of cases can be confusing and complex. There may even be more than one party responsible for your injuries.
A railroad accident lawyer from our firm can investigate the details of your New York case, determine liability, and pursue compensation via an injury claim or lawsuit. At Morelli Law Firm, we work on a contingency-fee-basis, so you pay us nothing out of pocket or upfront unless we win a settlement for you. We don’t get paid unless you do.
Causes of Railroad Accidents in New York for Which You Can File a Claim
According to the National Safety Council (NSC), there were 8,136 railroad injuries and 841 fatalities in 2018 alone. Railroad accidents can lead to severe injuries for passengers and significant damage. Some of the causes of train accidents include:
- Malfunctioning equipment
- Driver error
- Damage to rails
- Brake malfunctions
One of our attorneys can identify the liable party or parties in your New York railroad accident case and hold them legally accountable for your subsequent injuries.
Recoverable Damages in a New York Railroad Accident Case
When you sustain injuries from a train accident, you can experience medical, psychological, and financial harm. An accident lawyer from our firm can review the details of the accident and recover damages for economic and non-economic losses. New York does not cap damages in personal injury claims involving train accidents.
Economic Damages
Economic losses are actual expenses you had to or will have to pay as a result of injuries from the train accident. These can include:
- Medical expenses – When you suffer injuries, you may have to be hospitalized, which can lead to excessive medical bills. Although your health insurance may pay a significant portion of the bills associated with medical treatment, severe injuries can cause mounting medical debt.
- Lost income – Missing time from work can lead to lost income, which is considered an economic loss. When injuries prevent you from returning to work, you may have to rely on unemployment compensation to pay your bills. If your injuries are disabling, you may lose the ability to work.
Some injuries may require you to use medical devices, which may not be covered by your health insurance provider. Economic losses can be proven, meaning that our team can submit bills or invoices to the court to demonstrate your actual losses.
Non-Economic Damages
When your injuries impact your quality of life, a New York railroad accident lawyer from Morelli Law Firm can pursue non-economic damages. Unlike economic losses, non-economic damages are not actualized, meaning you cannot prove their financial cost. You can recover non-economic damages when your injuries preclude you from having the same standard of living you had before your injuries.
Examples of non-economic damages include:
- Loss of consortium
- Loss of enjoyment
- Mental distress
- Diminished earning capacity
- Pain and suffering
Juries can consider the severity of your injuries and the limitations they impose on your future life. If you can no longer engage in the same activities or hobbies you enjoyed before your injuries, juries can award non-economic damages.
If you lose the use of an important bodily function, a New York railroad accident lawyer at our firm can recover non-economic damages. Mental distress caused by the accident can lead to chronic mental health conditions, like post-traumatic stress disorder (PTSD) and depression.
New York Railroad Accident Lawyer Near Me 877-751-9800
The Results We Obtain for our Clients Speak for Themselves
At Morelli Law Firm, we fight for the best possible outcome for our clients in every case. Here are just a few examples of settlements or court awards we have won for our clients:
- $265 million – secured the largest settlement in U.S. history for a passenger railroad accident for the victims of the 2015 Amtrak train crash outside Philadelphia
- $3.5 million – for a woman who was run over by a New York Transit Authority bus
- More than $2.2 million – for seven passengers severely injured in an accident on a bus traveling from New York through South Carolina
Of course, every case is different. The injury team at Morelli Law Firm can discuss the details of your unique case and determine how much your railroad accident case might be worth.
You Can File for Compensation for Your Injuries After a Railroad Accident
When you suffer injuries during a train accident and you were not a passenger, you have the right to recover damages because the railroad company is obligated to ensure their equipment is safe. Passengers hurt during a railroad accident likewise have the right to claim damages for injuries based on the circumstances of their case.
A New York railroad accident lawyer from our firm can investigate the cause of the accident and review whether the railroad company had a history of accidents. When you suffer injuries from a railroad accident, you can experience mental scars. Witnessing an accident can cause trauma, while injuries can cause you to experience anxiety and a fear of trains.
If the railroad company failed to maintain its trains, you can allow a New York railroad accident lawyer at our firm to pursue damages for negligence on your behalf. Even if the railroad company did not intentionally cause an accident that caused you injuries, they must exercise prudence.
The Statute of Limitations in a New York Railroad Accident Case
When you sustain injuries from a train accident, discussing your injuries and their cause with a New York railroad accident lawyer could be helpful. You must file your personal injury case within New York’s statute of limitations to recover damages. Your lawyer can make sure you file your lawsuit on time.
New York requires personal injury lawsuits to be filed within three years of the injuries, per New York Civil Practice Law & Rules (CVP) §214, while wrongful death lawsuits must be filed within two years, per New York Estates, Powers, & Trusts (EPT) §5-4.1.
Another reason why reviewing your legal options with a New York railroad accident lawyer is helpful is because you may be entitled to compensation from multiple parties, such as the railroad company, the manufacturer of locomotive equipment, and their insurance companies.
Call the Attorneys at Morelli Law Firm Today
When injured in a railroad accident, your injuries can damage your physical, psychological, and financial well-being. Severe injuries may cause disability, limiting your ability to work or maintain your standard of living. Discussing your legal options with a New York train accident lawyer is an important way to protect your rights and entitlement to compensation.
Call Morelli Law Firm today for a free consultation to discuss whether you are entitled to compensation following a train accident.