Introduction
Suffering from a train derailment can be life-changing, and can cause serious injuries, trauma, and financial burdens. Victims of these types of accidents in Pennsylvania can pursue compensation for their losses. Arguably, train derailment cases demand nuances that only the most qualified accident attorney knows how to navigate.
Train Derailment Injuries Explained
Track defects, mechanical failures, human actions or external factors — like something on the tracks — can all cause derailments. Injuries in these accidents can range from scrapes and bruises to permanent disabilities such as spinal cord injuries, traumatic brain injuries or even death. Victims often undergo rehabilitation, extensive medical treatments and drastic lifestyle changes.
Victims of Train Derailments in Pennsylvania: Legal Rights
State and federal laws also regulate train operations and safety standards in Pennsylvania. Victims of train derailments are entitled to seek compensation for:
- Future and current medical costs
- Lost income and income loss capacity
- Pain and suffering
- Emotional distress
- Property damage
First, you must understand the statute of limitations for personal injury claims in Pennsylvania: two years from the date of your accident. The sooner you consult with an attorney, the better chance your rights will be protected within this time frame of hearing it out, from testifying against you and that of others.
How to Choose the right attorney for Your Case
Choosing the right one is critical to the success of your case. Some important characteristics to look for are:
- Last but not least, you need a lawyer who has experience in dealing with train accidents.
- Proficiency: Knowledge of the relatable laws and regulations regarding railroad activities.
- Resources: Subject to expert witnesses, accident reconstruction experts, and investigative teams.
- Communication: Transparent, clear updates through processes.
Ask about their experience handling cases similar to yours in consultations, their approach to litigation, and their track record of successful outcomes for clients.
Best Lawyers for Train Accident in Pennsylvania
If you or a loved one has been injured in a train derailment, it is crucial to contact Pennsylvania’s top law firms specializing in such cases.
Kline & Specter, PC
Kline & Specter, PC, has unique qualifications to take on significant train disasters, having represented victims of some of the most expensive derailments in history.
- klinespecter.com
Anapol Weiss
Anapol Weiss is a national team of attorneys with decades of experience and a proven track record of achieving high-value settlements and verdicts on behalf of clients.
- anapolweiss.com
Freeburn Law
If you have been injured in the Central Pennsylvania train accident, contact the train accident injury lawyers at Freeburn Law for a free consultation today.
- pa-injurylawyer.com
What To Do When You Are Injured In A Train Derailment
If you find yourself in a train derailment situation, you can do the following:
- Get Medical Help Right Away: Get a complete medical assessment, because even if you have no noticeable injuries you should still get checked out.
- Gather Evidence: If you can, take photos or videos of the accident scene, any injuries you sustained, and other important information.
- Gather Information: Collect names and contact information of witness, as well as any official documents regarding the accident.
- Do not Talk to Insurance Agents: Do not make statements or sign documents without consulting a lawyer.
- Seek Legal Advice: Contact a knowledgeable train accident attorney to explore your legal options and start the claim process.
Compensation for Victims May Be Available
Those who are harmed in a train derailment may have various compensation options available to them, such as:
- Economic Damages: Medical bills, rehabilitation costs, lost income, etc.
- Non-Economic Damages: Pain and suffering, mental anguish, and loss of enjoyment of life.
- Punitive Damages: Awarded in cases of gross negligence as punishment to the party(s) responsible.
A skilled lawyer will evaluate the particulars of your situation in order to identify the type of compensatory you should pursue and fight for your interests.
Obstacles in Train Derailment Cases
There are a number of hurdles to pursuing a claim after a train derailment:
- Complex Determination of Liability: Liability in train accidents can be complex, possibly including the train operator, the maintenance provider, or equipment manufacturers.
- 556Dealing with Large Corporations: Railroad companies tend to have a lot of legal resources they devote to paying out as little as possible.
- Technical Evidence: The burden of evidence may lie on plaintiffs to prove negligence through technical analysis and expert testimony.
A good attorney understands these hurdles, and can help you jump them.
The Legal Process Explained
The specific processes depend on the legal journey, but they usually consist of:
- Schedule an Initial Consultation: Get in touch with an attorney, who will listen to your case and assess its validity.
- Investigation: The legal team will collect evidence, interview witnesses and experts.
- Claiming: A formal claim is made against the party’s responsible for the accident
- Negotiation with Insurance Companies: Your lawyer negotiates with the railroad company’s insurer to settle for a fair amount.
- Filing a lawsuit (if Necessary): If a fair settlement can’t be reached, your lawyer might file a lawsuit in court.
- Pre–Trial: Discovery (the process of obtaining information from the other party) takes place.
- Trial and Verdict: If your case reaches trial, your attorney presents your case to a judge or jury, who assigns compensation amount.
- Before & After trial Settlement or Appeals – Most settle before trial is needed, but if that time comes, then your lawyer will keep fighting to see you have justice.
FAQs About Train Derailment Injury Claims in Pennsylvania
What To Do Right After a Train Derailment?
- Seek medical help as soon as you can.
- Contact local authorities to file the accident and report, and get a copy of the accident report.
- Take photos and videos of the scene, as appropriate.
- Write down the information of any witnesses and their contact information.
- Do not talk to any insurance companies without first talking with a train accident attorney.
If I was a passenger, can I sue the railroad company?
Yes. If operator negligence, track defects, maintenance failures, or mechanical malfunctions caused the train to derail, you may have a valid case against the railroad company. Your lawyer will determine liability and responsible parties.
What if my loved one was killed in a train accident?
If someone died in a train accident, the victim’s family can file a wrongful death claim to recover damages for:
- Funeral and burial expenses
- Loss of financial support
- Emotional pain and suffering
- Loss of companionship
How much can I be compensated if I file a train derailment injury lawsuit?
Multiple avenues for compensation may be available to victims, such as:
- Health expenses (hospital stays, surgeries, physical therapy).
- Lost income (if injuries keep you from working).
- Pain & suffering (emotional trauma & reduction in quality of life).
- Disability or long-term care (if injuries cause a permanent disability).
- Punitive damages (in case of gross negligence or reckless misconduct being committed).
How Much Does It Cost to Hire a Train Derailment Attorney?
Most train accident lawyers charge a contingency fee, which means:
- You don’t pay upfront fees.
- Lawyer receives payment only if they win the case.
- Fees are charged as a percentage of a settlement or court award.
