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How to Bring a Personal Injury Claim For a Train Accident

Categorized as Catastrophic Injuries, Personal Injury

Personal injury claims filed against Amtrak and other rail companies are among the most complex types of litigation. As in automobile collisions, there are often several parties to examine for fault. Moreover, the injuries are often severe, demanding quick financial aid to meet hospital costs.

Given their apparent inability to comply with severe safety requirements and the tragic accident that resulted in four fatalities in Missouri, it is evident that major railway companies have work to do in terms of passenger safety.

Moreover, the frequency of train derailments and mishaps has climbed drastically over the last several years, resulting in a rise in the number of claims made against Amtrak. Numerous of them have resulted in substantial losses.

In addition, the frequency and severity of these crashes raise concerns about Amtrak’s dedication to safety. Thankfully, there are a number of precautions you may take following a railway accident.

Personal Injury Claim After a Train Accident

How to Bring a Personal Injury Claim For a Train AccidentFive years is the statute of limitations for personal injury claims in Missouri. However, you must contact an attorney promptly after the railway accident. Your reluctance to do so may significantly impact your case, as the passage of time is of the essence.

The railroads instruct their drivers to maintain continual communication with them. They have developed a very effective communication system. The driver will promptly alert the railroad company if an accident happens. Their investigators will be at the site within hours, if not sooner. In fact, it is possible that the investigators will arrive at the site before the first responders. It would be to your best advantage to dispatch your own detectives to the area as quickly as feasible. You must have your own investigators on the site to ask questions, collect evidence, and interview witnesses. Otherwise, the evidence tends to evaporate and memories tend to fade.

Train accident cases resemble other personal injury and wrongful death claims in many ways. The only distinction is that this sort of case often involves more plaintiffs.

First, the case begins with the filing of a complaint against the train corporation. The filing takes place in the jurisdiction where the railway accident occurred. The railroad responds to the complaint. The railroad firm or company also provides its defense at this time. During the discovery stage, the plaintiffs and defendants exchange evidence. Typically, hearings follow swiftly. These sessions handle any pending pretrial motions. Generally, the pretrial motions comprise conversations about the admissible evidence, facts on which the parties agree, and other contested subjects. The trial has begun. A verdict is delivered. Moreover, if the train corporation is proven to be at fault, damages are granted.

Amtrak Train Accidents & Claims

Clearly, a lack of safety guidelines and enforcement has tragically led to high-profile incidents and the deaths of innocent people.

Amtrak derailment cases have resulted in millions of dollars in compensation, and Amtrak catastrophes have prompted a number of lawsuits. Amtrak said that it will not challenge responsibility claims for damages, including medical bills, since the train operator was responsible for the 2015 Philadelphia accident that resulted in eight fatalities.

However, federal law limits the compensation pool to $295 million. This is the result of the Amtrak Reform and Accountability Act of 1997, a piece of law that originally capped Amtrak catastrophe victims’ compensation at $200 million. Although it was lifted to $295 million in 2015, this cap may still pose a threat to future victims and their families.

Attorney for Train Accidents in Kansas City

That a train derailment or other type of crash might be disastrous for everyone involved should go without saying. Tragically, victims of such occurrences often have fatal or life-threatening injuries that utterly alter their lives. You may be entitled to file a claim for compensation if a train accident caused you to suffer injuries or caused the loss of a loved one.

A Kansas City train accident attorney may possibly be able to assist you in obtaining the justice you deserve.

If a train accident has had a significant negative impact on your life, you should contact an attorney immediately. Please contact Peterson & Associates, P.A. in Kansas City for further information about the filing of a claim.

Call us at 816-888-8888 if you have any questions. Remember that our experienced, talented, and compassionate lawyers are accessible seven days a week to assist you and your family.