If you sustained injuries as a passenger in a Florida train accident, you might have the right to pursue a claim for financial compensation. Although train accidents do not occur as frequently as other injury-causing incidents, the ones that do occur cause more frequent and serious injuries.
Call the attorneys at Anidjar & Levine today at 800-747-3733 for a complimentary consultation. We will evaluate your claim and advise you about your options for pursuing compensation.
What Types of Losses Can You Include in a Train Accident Personal Injury Claim?
If you or a loved one sustained serious injuries as a passenger in a train accident, you could include all of your losses in a personal injury claim – as long as someone’s negligent behavior caused the incident.
You can include your medical care and treatment costs, including doctor bills, hospital and emergency room visits, x-rays, imaging scans and tests, medication, therapy, and rehabilitation costs.
If your injuries kept you out of work, you could include lost wages in your personal injury claim, as well as any lost benefits or opportunities.
If you require further or ongoing treatment or care, a doctor or medical expert can project the value of your future care needs so that you can include them in your claim.
Likewise, you can project your future lost wages and, if applicable, lost earning capacity.
If you suffered a long-term or permanent injury or disability, a train accident attorney could determine the financial value of this loss.
Finally, you can include emotional and psychological damages in your claim, including pain and suffering and lost life enjoyment.
How Can a Passenger Train Accident Lawyer Prove Negligence?
To establish liability for your injuries, your train accident lawyer must identify specific facts regarding the crash and compile evidence to support your claim.
Depending on the circumstances of the crash, this may involve photographs of the scene, statements from witnesses and other passengers, railroad accident reports from the National Transportation Safety Board, safety and inspection records, equipment maintenance records, or any other document that can demonstrate the events of the crash.
After identifying the party or parties who had fault in the crash, your lawyer must demonstrate how their negligence led to the accident and your injuries.
In a passenger train crash, your lawyer must prove that the at-fault party had and breached a duty of care, leading to the accident and your injuries.
Duty of Care
Railway companies, train conductors and operators, mechanics and others who maintain, repair, operate, and own trains owe a duty of care to the public. This includes keeping equipment well-maintained and inspected, keeping tracks maintained, and not operating trains while impaired or distracted. Railway companies must ensure that all employees receive the appropriate training necessary for them to perform their jobs safely.
Breach of Duty
If any party fails to uphold the duty of care, they may have liability for a subsequent incident. So, if a railway company failed to maintain and test a train’s brakes, for instance – and then the brakes fail – the railway company likely breached their duty of care to passenger and public safety.
Causation
If the brake failure prevented the conductor from stopping the train in time, and it subsequently derailed or struck another train, your lawyer can demonstrate that the railway company’s breach of duty caused your accident and your subsequent injuries.
Actual Damages
Finally, your lawyer must provide proof that you suffered actual damages from the incident. They will accomplish this by providing the insurance company (or the court, if applicable) with copies of your medical bills, wage statements, etc.
Are Passenger Train Accidents Common in Florida?
While train accidents are not common, injuries and even deaths are frequent when they occur. According to the Federal Railroad Administration, 344 railroad accidents occurred in 2016, 45 of which resulted in fatalities and 266 of which resulted in non-fatal injuries. In other words, almost every train-related accident (311 of 344) led to either injuries or a fatality.
How Can I Talk to a Train Accident Lawyer?
In Florida, the Law Firm of Anidjar & Levine can assist you with filing a personal injury claim for a train accident or with filing a lawsuit if necessary.Contact us today to schedule a free consultation at 800-747-3733.
