There is no average settlement for a train accident because every claim differs, and compensation varies based on factors unique to each case. Recoverable damages can include medical expenses, lost wages, pain and suffering, and more.
A Long Island personal injury lawyer will identify your losses and work to maximize your compensation by building a solid case and aggressively negotiating on your behalf.
- Recoverable Train Accident Damage
- Factors That Can Affect a Train Accident Settlement
- Who Is Financially Liable for Train Accidents?
- Time Limits for Seeking Train Accident Compensation
- How Working With a Train Accident Lawyer Can Benefit Your Claim
- Contact Friedman & Simon, L.L.P. About Your Train Accident
Recoverable Train Accident Damage
According to the New York Mass Transit Authority (MTA), the Long Island Rail Road (LIRR) is the busiest commuter train in North America. The line transports around 200,000 passengers on over 900 trains each day.
Anywhere trains travel, there is the potential for accidents. Trains can derail, collide with one another, or hit vehicles and pedestrians. These accidents can result in injuries to those directly involved in the crash, as well as LIRR passengers and workers.
If you or your loved one suffered injuries in a train accident, you may qualify for compensation. In general, you can seek the following types of damages:
- Current and future medical bills – including the cost of ambulance transportation, emergency treatment, hospital and doctor fees, medical procedures, prescription drugs, mobility aids, physical therapy, and long-term nursing
- Lost income – including lost wages and employment benefits, lost future earnings, and lost earning capacity
- Personal property damages – including the cost of repairing or replacing your vehicle or other damaged personal items
- Household services – including assistance with cleaning, cooking, childcare, and transportation
- Pain and suffering – including monetary awards for severe and chronic pain, scarring, disfigurement, permanent and disabling injuries, mental anguish, emotional distress, and impaired quality of life
- Wrongful death – including funeral and burial expenses, medical bills, conscious pain and suffering, and the loss of a loved one’s financial support. services and companionship.
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Factors That Can Affect a Train Accident Settlement
There are many factors unique to you, your case, and the train accident that will affect the value of your settlement, including:
- The severity of your injuries
- The cost of your medical treatment and estimated future medical expenses
- Your age
- Your current income
- Whether or not you can continue working or return to your previous job
- The extent to which your injuries affect your physical, mental, and emotional well-being and day-to-day life
Train Accidents and No-Fault Insurance
Involved insurance policies will also affect the damages you can recover. New York follows a no-fault insurance model, meaning all insured car owners carry personal injury protection (PIP) insurance as part of their coverage. PIP pays for medical treatment, compensates a portion of your lost wages, and provides financial assistance for household services, regardless of fault for a crash.
PIP insurance often follows the insured, so you may be able to recover losses with this type of claim after a train accident. If you can seek compensation via PIP, you must have a “serious injury” defined by New York Insurance Law § 5102 before pursuing damages from a liable party or seeking compensation for pain and suffering.
Who Is Financially Liable for Train Accidents?
Train accidents can result from human error, mechanical problems, and negligent track maintenance. Financial responsibility for your injuries will depend on the cause of your accident. Liability may rest with one or more of the following:
- A train operator
- A motor vehicle driver and the owner of the vehicle the driver operated
- The LIRR or another railway company
- A railroad employee or maintenance worker
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Time Limits for Seeking Train Accident Compensation
You should file insurance claims related to the accident as soon as possible so you don’t miss the deadline for filing.
If you cannot obtain appropriate compensation through an insurance claim, you can take legal action, but you must pursue your case before the statute of limitations expires.
Meeting the statute of limitations when filing a lawsuit is crucial because it ensures that claims are made while evidence is still fresh and witnesses’ memories are reliable, thereby fostering a fair trial. Your lawyer will explain how the statute of limitations affects your specific case.
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How Working With a Train Accident Lawyer Can Benefit Your Claim
Working with a train accident lawyer from our firm will show the liable parties and insurance companies that you mean business and will not accept a lowball settlement. Our legal team will also use its knowledge and experience to build a robust case, identify all of your damages, and ensure you do not leave money on the table.
We will also aggressively advocate for your rights and best interests and tirelessly negotiate for the maximum compensation. We will protect you from undue pressure or bad-faith insurance tactics at every stage. When called for, we will represent you at trial to get the money you deserve.
In addition, we will do the following to relieve your legal burden so you can focus on your health:
- Investigate the train accident
- Collect evidence, including police reports, eyewitness statements, medical records, and expert testimony
- Prepare and file PIP and liability insurance claims and legal paperwork
- Establish that you qualify to step outside the no-fault system, if applicable
- Handle case-related meetings, phone calls, and emails
- Track and adhere to deadlines
- Provide you with frequent and timely updates
Contact Friedman & Simon, L.L.P. About Your Train Accident
Since 1991, Friedman & Simon, L.L.P. has recovered over $250 million for thousands of personal injury victims and their families. If you were hurt in a train accident, our team will fight for the compensation you need to get back on your feet. We will provide you with the highest-quality legal services and the personalized attention your case deserves.
Our firm has earned numerous recognitions, including an Avvo Rating of 10 Superb (the highest rating possible) and a spot on the National Trial Lawyers: New York Top 100. Our multilingual staff assists clients in Spanish, Greek, Bengali, Tamil, and Kannada and will meet anywhere on Long Island or the greater New York metropolitan area. Contact us today for your free consultation.
Call or text 516-932-0400 or complete a Free Case Evaluation form