Railroad injuries can be catastrophic. Presented by the National Safety Council on railroad injuries and deaths, there were 8,136 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
When you or a loved one sustains injuries because of a train accident, a New York railroad accident lawyer can file a personal injury claim to recover damages for:
- Pain and suffering
- Medical bills
- Lost wages
- Mental anguish
- Loss of consortium
- Wrongful death
- And possibly more
Train accidents can cause injuries to bystanders. Most railroad accidents cause injuries to individuals who are not passengers or employees. Of the 8,136 injuries caused by train accidents in 2018, 6,819 involved bystanders. Some bystanders injured in train accidents are motorists, as trains can collide with vehicles at railroad crossings.
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 claim 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 claims to be filed within three years of the injuries, per New York Civil Practice Law & Rules §214, while wrongful death claims must be filed within two years, per New York Estates, Powers, &Trusts §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.
If you suffered injuries during a train accident, call Morelli Law Firm today at (212) 751-9800 for a free consultation.
Many railroad accidents are collisions that occur at crossings, meaning that many injuries involve individuals who are not passengers. Trains are large and heavy, meaning that if they collide with a passenger vehicle, it can lead to severe and catastrophic injuries.
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.
Examples of common injuries in railroad accidents include:
- Blunt force trauma
- Broken and fractured bones
- Spinal cord injuries
- Organ damage
A New York railroad accident lawyer can investigate the cause of the accident and review whether the railroad company had a history of accidents. When you experience 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 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.
Call Morelli Law Firm today at (212) 751-9800 to schedule a free consultation to discuss the details of your case and review your legal remedies.
Recoverable Damages in a New York Railroad Accident
When you sustain injuries from a train accident, you can experience medical, psychological, and financial harm. A New York railroad accident lawyer 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 losses are actual expenses you had to or will have to pay as a result of injuries caused by a train accident. When you suffer injuries, you may have to be hospitalized, which can lead to excessive medical bills. Although your medical insurance may pay a significant portion of the bills associated with medical treatment, severe injuries can cause mounting medical debt.
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 a New York railroad accident lawyer can submit bills or invoices to the court to demonstrate your actual losses.
When your injuries impact your quality of life, a New York railroad accident lawyer can pursue non-economic damages. Unlike economic losses, non-economic damages are not actualized, meaning you cannot prove the financial cost of non-economic losses. 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 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.
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Call 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 at (212) 751-9800 for a free consultation to discuss whether you are entitled to compensation following a train accident.