The damages that are recoverable in railroad accident cases include any expenses that are reasonably associated with your injuries. One of the most common examples is medical bills. You can request compensation for all of the medical expenses that you have had to pay as a result of your railroad accident.
Economic Versus Non-Economic Damages
There are two types of damages that you can request in a railroad accident. They are called economic and non-economic damages.
Economic damages are meant to restore you to the same financial position that you would have been in had the accident not happened. Most economic damages can be verified through receipts, invoices, or bills.
A few examples of commonly requested economic damages include:
- Medical bills
- Future estimated medical costs
- Lost wages
- Reduced earning capacity
Understanding Non-Economic Damages
The second category of damages is called non-economic damages. This category is designed to compensate an injury victim for the emotional and mental suffering that they have experienced as a result of the accident.
A few examples of commonly requested non-economic damages include:
- Impaired quality of life
- Pain and suffering
- Loss of the enjoyment of life
You Could File a Wrongful Death Case
There are a variety of damages that can be awarded in a wrongful death case. First, the representative can seek compensation for any medical expenses or other bills related to the accident that lead to their loved one’s passing. Funeral and burial expenses can also be recovered.
Surviving family members can request expenses related to the financial support and other losses they will now face without their loved one.
- The wages and benefits that the decedent would have continued to earn
- The value of the support and services that the decedent provided to the surviving family members
- The value of any parenting guidance, nurture, and care that children would have continued to receive
- Lost inheritance
- Compensation for the conscious pain and suffering that the decedent may have endured due to the fatal injuries they suffered
The Statute of Limitations Could Affect Your Case
The state’s statute of limitations could factor into how long you have to file a lawsuit. New York Civil Practice Law & Rules (CVP) §214 only usually grants most accident victims three years to file a lawsuit.
You might even be able to file a lawsuit against the city or another municipality. New York Courts state that you must file a notice of claim to do so. We can help you file this document.
Our Team Can Calculate Your Damages
Our team can take into consideration your economic and non-economic damages when calculating the value of your case. However, we may consult field experts to do this.
A life care planner, for example, will evaluate your injuries and calculate the cost of your ongoing medical care needs. Similarly, a vocational expert can testify about how the accident has impaired your ability to work and hindered your chances of finding alternative employment.
It is important to understand the cost of your damages because once you accept a settlement or walk away with a court award, you cannot ask for more money.
Get Help Recovering the Damages That You Deserve
Working with a lawyer from our firm can help you understand your legal options. Holding another party responsible for your damages can quickly prove to be a complicated, time-consuming endeavor without a professional by your side.
A New York railroad accident lawyer from our firm can help you by:
- Investigating the cause of your accident
- Collecting and protecting evidence to support your case
- Filing your case on time
- Corresponding with the court and the other parties in the case
- Holding insurance companies to the terms of their policies
- Finding experts to consult on your case
- Preparing you for a deposition or court appearance
- Preparing for trial
- Negotiating a settlement if you decide to pursue one
Schedule Your Free Consultation Today
Call Morelli Law Firm now for a free consultation to learn more about the damages that are recoverable in a railroad accident case. Dial (212) 751-9800 now.