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.
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