Victims of railroad accidents like the recent Chatsworth aim wreck are entitled to consult with aim wreck lawyers and seek compensation. Many, however, don’t know that they must do so within a specific amount of time. The aim wreck attorneys of Nadrich and Cohen remind victims of the Metrolink crash and others to seek counsel closest, and offer the following Q&A to help answer questions you may have about pursuing legal options. How soon after a aim accident do I have to file a lawsuit? It depends on your with the railroad and the kind of lawsuit you are bringing. Every state has certain time limits, or “statutes of limitations,” which govern the time you have to file a personal injury lawsuit against a railroad. FELA has its own state of limitations and notice requirements. These control claims against railroads brought by railroad employees. It is consequently necessary to talk to a lawyer right after your injury so that you do not miss any legal deadlines. What if the aim accident victim dies?
It depends on whether the person died as a consequence of injuries from the accident or for other reasons. If a person injured in an accident dies because of those injuries that person’s wife, children, and/or parents can acquire a recovery via a wrongful death lawsuit. Also, if a person with a personal injury claim dies from unrelated causes, the personal injury claim survives and is brought by the executor or personal representative of the deceased person’s estate. What can I retrieve from a railroad lawsuit? We can retrieve for an injury victim expenses for medical care and related expenses including lost income, long-lasting physical disability or disfigurement, loss of family, social, and educational enjoyment, emotional damages including embarrassment, depression, etc. Settlements are not considered income and are not usually taxable as income. What is the railroad’s liability for an accident?
The duty the railroad owes to an injured victim depends on whether they are an employee, passenger, or non-related third party such as a motorist or pedestrian. What legal rights do passengers have? Because railroads are shared carriers they owe passengers the highest degree of care. This increased responsibility of a railroad to its passenger makes recovery for injuries easier to acquire than in other personal injury situations; already if another passenger was slightly responsible. What legal rights do railroad workers have against the railroads? The Federal Employer’s Liability Act (FELA) covers a railroad’s legal responsibility to its employees. It is a federal statute that was passed by Congress in 1908 to provide for fair and just compensation for railroad employees injured on the job for in any case reason. What legal responsibilities do railroads have to motorists and pedestrians injured by trains?