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Frequently Asked Questions with Respect to Train Accidents

What are the most common accidents involving trains?

The Federal Railroad Administration reports that approximately 3,000 train accidents occur each year in the United States with nearly 1,000 fatalities. Railroad accidents take many forms, such as collisions with another train, a car or bus, or even solo derailments or fires. While the causes of train accidents are numerous, the most common causes are mechanical or electrical failures, track maintenance problems or structural defects and human error, which include communication problems and driver inexperience or fatigue.

What is railroad litigation law?

Railroad litigation law involves the representation of individuals who have been injured in an accident with a train or have been injured on railroad owned property.

What monetary damages are recoverable in train accident cases?

Injured victims in train accident cases are entitled to recover financial compensation for past and future medical expenses, rehabilitation expenses, pain and suffering, loss of enjoyment of life and lost wages. If it is found that the offending party’s conduct was particularly reprehensible, punitive damages may also be awarded. Punitive damages are awarded for the purpose of punishing the wrongdoer. If the injured victim dies, his or her close relatives are entitled to monetary compensation for their losses that result from the death. These include funeral expenses, loss of financial contributions of the decedent, loss of society as well as emotional distress.

I work for the railroad. Can I still sue?

Yes. The Federal Employers Liability Act allows for a limited exception to the general prohibition against suing an employer for injuries sustained during the scope of employment.

The train company’s insurance company has offered me a settlement. Should I take it?

You should not accept any settlements offered by an insurance company or anyone else without first consulting with an experienced Massachusetts train accident lawyer. Insurance companies typically offer a minimal amount of money to individuals without adequate representation. One of our expert Boston train accident lawyers or Boston wrongful death lawyers can meet with you to discuss the circumstances surrounding your train accident and help you determine what your case is really worth. Don’t sell yourself short. Call today at 617-787-3700!

How much time do I have to file a train accident lawsuit?

Massachusetts law requires that a personal injury lawsuit to recover monetary damages be filed against a common carrier within a certain time period. This time period is called the statute of limitations. The statute of limitations in the Commonwealth of Massachusetts is generally three years from the date of the accident. Suits against the MBTA must be brought within two years. If a lawsuit is not brought within this time period, the injured party may lose their right to sue and recover financial compensation for his or her losses.

Additionally, if the common carrier is government owned, there are mandatory notices which must be given to the governmental entity, prior to filing a legal claim. Notification must be made within 30 days of the accident. You should immediately seek the advice of a Boston personal injury attorney to confirm the time you have to file your claim.

I have been involved in a train accident. What should I do?

The first thing that you should do is seek immediate medical attention for your injuries sustained as a result of the train accident. Even if you do not experience pain at first, seeing a doctor is crucial in preventing the aggravation of latent injuries. It is also critical to investigate and preserve as much evidence as possible for your personal injury case involving a train accident. This investigation can involve examining and photographing the scene of the accident, while evidence such as skid marks and the train condition are fresh and unchanged.

Finally, it is essential that you hire an experienced Boston, MA train accident lawyer to represent you in your case. The highly skilled Boston train accident lawyers at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates are experienced in getting fair and just compensation for victims injured in train and railroad accidents. Call us today at 617-787-3700 or email us at info@gilhoylaw.com to speak with a qualified Massachusetts train wreck lawyer who will help you take the first steps towards justice in the aftermath of a train accident.
Our Boston Train Accident Lawyer Specialists Are Available 24/7 at 617-787-3700. Please Do Not Hesitate. Call Our Massachusetts Train Crash Attorney Experts Today. Your Needs Are Our Top Priority!

If You or a Loved One Has Been Injured in a Massachusetts Train Accident, You Need an Expert Boston, MA Train Accident Lawyer To Help You. Call the Massachusetts Train Wreck Attorney Specialists at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates Today at 617-787-3700 or E-mail Us at info@gilhoylaw.com.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Call Our Boston, MA Train Accident Lawyers Today At 617-787-3700 or Email Our Injury Attorneys At info@gilhoylaw.com
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