Have you been injured in a train accident? If so, you may be entitled to recover compensation by filing a personal injury lawsuit. Our team of qualified Los Angeles train accident attorneys have more than 17 years of experience handling complex injury claims. We understand that you are probably overwhelmed with your injuries and recovery, and will fight to get you the money you need and deserve. Contact our Los Angeles office today to set up a free consultation.
Recovering Damages for Your Train Accident Injuries
How can a personal injury lawsuit help you after your Los Angeles train accident? Injuries sustained in a train accident can be deadly or change your life forever, and often require extensive and long-term medical care. A personal injury lawsuit can help you to cover the cost of these unanticipated expenses. In Los Angeles, you can recover two different types of damages: economic and non-economic. Each type is awarded to compensate you for a different harm that you have suffered because of your accident.
Train accidents can cause you to suffer serious bodily injuries that cause you to rack up medical bills and miss time at work. Economic damages can help to compensate you for these financial losses. You can recover economic damages to help cover the cost of:
- Medical bills;
- Reconstructive surgery;
- Prescription medication;
- Nursing care;
- Physical therapy;
- Wages lost while recovering from your injury; and
- Reduced earning capacity caused by your injury.
Not all injuries will automatically harm you financially. Non-economic damages are intended to compensate you for losses that are harder to value. You can recover non-economic damages to help compensate for:
- Emotional distress;
- Pain and suffering;
- Loss of enjoyment of life;
- Loss of consortium;
- Disfigurement; and
Limited Time to File a Train Accident Lawsuit
In Los Angeles, you have a limited amount of time to file a personal injury lawsuit after your accident. In most situations, you will have two years from the date of your accident to file a claim. If you are delayed in discovering your accident-related injury, you will have one year from the date of discovery to file a claim. However, you must be able to prove that you could not have reasonably known about your injury before it was discovered.
If the government is at fault for your train accident the process for filing a claim is slightly different. Claims against the government must be filed within 6 months of your accident or discovery of your injury. The government then has 45 days to respond to your claim. If the government approves your claim they will pay you for your injuries. If the government denies your claim you will have 6 months to file a lawsuit in Los Angeles court.
If you do not file a claim within the statute of limitations you may be prohibited from recovering anything at all. It is extremely important to contact an attorney as soon as possible after your accident.
What Causes Los Angeles Train Accidents?
According to the Federal Railroad Administration, there are six primary causes for train accidents in the United States. Each of these categories includes more specific causes.
Faulty or Defective Equipment
Train accidents may occur because of an equipment malfunction including:
- Defective brakes;
- Oil or fuel fire;
- Broken frames;
- Loose wheels;
- Missing or defective springs; and
- Other faulty or defective parts.
Human Operation Errors
Train accidents may occur because of human operation errors including:
- Failing to brake properly;
- Failing to comply with training orders;
- Operating trains at excessive speeds;
- Switching tracks improperly;
- Operating a train under the influence of drugs or alcohol; and
- Falling asleep on the job.
Train accidents may occur because of signal issues including:
- Power switch failures;
- Computer system design errors;
- Malfunctioning warning signals; and
- Communication equipment failure.
Train accidents may occur because of railroad track issues including:
- Settled roadbeds;
- Damaged tracks;
- Worn rails;
- Defective welding; and
- Loose or broken guard rails.
Vehicles, Pedestrians, and Motorists
Train accidents may occur because of the actions of other vehicles or pedestrians, including:
- Drunk drivers;
- Distracted drivers;
- Misjudging an approaching train; and
- Inability to stop before entering the train’s path.
Miscellaneous Causes of Train Accidents
Some train accidents are caused by factors that do not fit into one of these other categories. Train accidents may occur because of other issues including:
- Bad weather conditions;
- Poor visibility;
- Loads shifting on a train during transport;
- Improperly loaded train cars;
- Vandalism; and
- Objects on the track in the path of a train.
The cause of your Los Angeles train accident will help your attorney determine who is at fault. You can then seek to recover compensation from those liable parties. It is important to contact an attorney as soon as possible after your train accident. The sooner your attorney can begin to investigate, the sooner they can determine which parties may be liable for your injuries.
Common Train Accident Injuries
Train collisions and derailments happen less frequently than other vehicle accidents. However, the severity of the injuries that are caused by train accidents is generally worse. Our skilled Los Angeles train accident attorneys have helped clients recover damages for train accident injuries including:
- Fractures and broken bones;
- Soft tissue damage;
- Traumatic brain injury;
- Spinal cord injury;
- Loss of limbs;
- Paralysis; and
Liability in Train Accident Injury Lawsuits
Who can you hold responsible for your Los Angeles train accident injuries? The answer will depend on the facts and circumstances of your specific case. However, you can generally recover compensation from anyone who is considered to be negligent. When a person’s negligence contributes to an accident, they can be held financially responsible for injuries that occur. Potentially liable parties for Los Angeles train accidents include:
- Train operators and conductors;
- Other train employees;
- Companies that own and operate the train;
- Companies that design, manufacture, and/or sell trains or train parts;
- Private or government entities responsible for maintaining railroad tracks;
- Third-party drivers or pedestrians who contribute to the accident.
Determining liability is an important part of the personal injury lawsuit process. Our attorneys have developed a successful investigative process that allows us to pinpoint liability in complex cases. There are many factors that can contribute to a train accident, and finding each liable party will increase your chances of recovering the money you need to get better. Our thorough investigation will allow us to uncover all of the information that is necessary to create a persuasive case. Using this information, we can leverage insurance companies and at-fault parties into offering meaningful settlements.
Contact an Experienced Los Angeles Train Accident Lawyer
If you have been injured in a Los Angeles train accident you may be entitled to compensation. Do not hesitate to contact the skilled personal injury attorneys at Citywide Law Group. We understand that the time following a train accident can be incredibly stressful and filing a personal injury lawsuit to recover damages may seem overwhelming. We can help to make sure that you get the money you deserve.
We are experienced negotiators and litigators who understand how to handle these complex injury claims. We have helped thousands of Los Angeles-area clients recover millions in compensation. Call us to learn about how we can help you, too.
We offer our legal services on a contingency fee basis. This allows you to focus on your recovery without worrying about the cost of legal fees. We handle your lawsuit while you focus on getting better. You only pay us for our work if we win. Contact our Los Angeles office today to set up a free consultation. We will walk you through the process of filing a personal injury lawsuit and answer the questions you may have.