General Issues Regarding Train Accidents

Victims of railroad accidents like the recent Chatsworth train wreck are entitled to consult with train wreck lawyers and seek compensation. Many, however, don’t know that they must do so within a specific amount of time. The train wreck attorneys of Nadrich and Cohen remind victims of the Metrolink crash and others to seek counsel immediately, and offer the following Q&A to help answer questions you may have about pursuing legal options. How soon after a train accident do I have to file a lawsuit? It depends on your with the railroad and the kind of lawsuit you are bringing. Every state has certain time limits, or “statutes of limitations,” which govern the time you have to file a personal injury lawsuit against a railroad. FELA has its own state of limitations and notice requirements. These control claims against railroads brought by railroad employees. It is therefore necessary to talk to a lawyer right after your injury so that you do not miss any legal deadlines. What if the train accident victim dies?

It depends on whether the person died as a result of injuries from the accident or for other reasons. If a person injured in an accident dies because of those injuries that person’s wife, children, and/or parents can obtain a recovery via a wrongful death lawsuit. Also, if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives and is brought by the executor or personal representative of the deceased person’s estate. What can I recover from a railroad lawsuit? We can recover for an injury victim expenses for medical care and related expenses including lost income, permanent physical disability or disfigurement, loss of family, social, and educational enjoyment, emotional damages including embarrassment, depression, etc. Settlements are not considered income and are not usually taxable as income. What is the railroad’s liability for an accident? The duty the railroad owes to an injured victim depends on whether they are an employee, passenger, or non-related third party such as a motorist or pedestrian. What legal rights do passengers have? Because railroads are common carriers they owe passengers the highest degree of care. This increased responsibility of a railroad to its passenger makes recovery for injuries easier to obtain than in other personal injury situations; even if another passenger was partially responsible. What legal rights do railroad workers have against the railroads? The Federal Employer’s Liability Act (FELA) covers a railroad’s legal responsibility to its employees. It is a federal statute that was passed by Congress in 1908 to provide for fair and just compensation for railroad employees injured on the job for whatever reason. What legal responsibilities do railroads have to motorists and pedestrians injured by trains?

A railroad’s legal responsibility to injured motorists and pedestrians depends upon what happened. Usually pedestrian and motorist claims will be decided under the laws of the state in which the accident occurred. Because of this, if you have been injured in a train accident you should immediately call the experienced railroad workers at the National Railroad law firm of Nadrich and Cohen. If you need our law firm on your side call us toll free at (800) 717-4658.

 source: http://www.articleorange.com/articles/3898/1/General-Issues-Regarding-Train-Accidents/Page1.html

Jeff Nadrich

Bone fracture attorneys and bone injury lawyers from Nadrich Law. Our experienced and professional personal injury attorneys, orthopedic injury lawyers, and bone injury attorneys can assist you with all types of broken bones legal rights compensation claims.  

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