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Train & Railroad Accident Attorneys
Collisions with passenger vehicles, train derailments, and collisions with other trains are some of the most common types of train accidents.
Railroad employees and train operators have the legal obligation to perform their duties with diligence and care. They should protect the welfare of their passengers. Some of their duties include; maintaining the equipment and following the existing safety regulations. When these obligations aren’t met, this can have devastating consequences for the passengers and crew riding the train.
If you or someone you love was recently injured or killed in a train accident, our trial attorneys may be able to help you recover compensation for your injuries, pain and suffering, and other damages resulting from a crash or derailment.
What Causes Train Accidents?
As our Atlanta train accident attorneys fully know, there are a lot of variables that could potentially lead to an injury with any means of transportation. Trains are a little bit unique because of the design of the railroads and the size of the vehicles. Here are some reasons train injuries occur:
- Trains getting derailed
- Trains going too fast
- A lack of maintenance on the train making it unsafe
- An operator making an error or trying to operate the train while exhausted
- An issue with the signaling on the train for the crossing
- A mechanical issue
- The train not being able to brake
- The tracks being obstructed by debris
There are some instances of a train injury being caused by the manufacturer failing to put together a safe train or railroad. In a case like that, the negligence would fall on the manufacturer rather than the operator of the train.
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Why McDonald & Cody?
The philosophy at McDonald & Cody, LLC is to provide maximum results, one client at a time. We are dedicated to our cases and strive for quick, full and maximum compensation.
Damages You Could Recover in a Train Injury Case
Our trial attorneys can explain what forms of compensation (also known as damages) you could seek through an injury claim or lawsuit. You could be entitled to seek a recovery for your:.
- Medical bills: This could reflect the cost of your past, present, and future medical care needs. We will work to get the compensation you need for your medications, surgeries, physical therapy, diagnostic testing, visits to a doctor, emergency room care, and more.
- Lost wages: If you could not earn your normal wages because of an injury, you could seek compensation.
- Reduced earning capacity: You may need to take a different job or reduce your hours because of physical limitations. We can help you pursue a recovery for the difference between your past and current earnings.
- Pain and suffering: You could seek compensation for your physical and emotional pain.
- Wrongful death damages: If you lost a loved one to a train accident another party caused, you could seek compensation for your financial and non-financial losses.
Once we understand how the accident and your injuries have affected you, we will seek compensation that reflects your losses.
What Compensation Can I Recover in a Train Accident Lawsuit?
Train accident victims who participate in a lawsuit can pursue monetary compensation for their injuries in the form of economic, non-economic, and sometimes punitive damages.
- Current Medical Expenses: This can include fees for emergency room visits, hospital care, surgery, assistive devices and appointments with approved medical professionals after a train crash.
- Future Medical Expenses: In some cases, the injuries sustained in train crash or derailment are so severe that they will require extended medical attention and care.
- Lost Wages: Some train accident injuries may be so extensive that they prevent the victim from returning to work temporarily or even permanently. The law permits recovery of compensation for the wages lost between the time of injury and the conclusion of the lawsuit.
- Loss of earning capacity: If the victim can demonstrate that their ability to earn a living has been negatively impacted by the train crash, compensation may be available. Past wages are considered in determining the amount of this award, as well as the amount of income the victim could have earned had the train accident not occurred.
Non-economic damages compensate the victim and their family for non-financial, intangible losses, such as:
- Pain and Suffering: This may include compensation for the physical pain suffered as a result of injuries sustained in the train crash. The nature of the injury, the extent of the pain, and the length of time the victim is expected to suffer are all included in the calculation of the award.
- Mental Anguish: Train accident victims can also be awarded for emotional pain suffered as a result of the crash or derailment. Mental anguish damages compensate the victim for fright, anxiety, worry, grief and other forms of emotional distress caused by the train accident.
- Loss of Consortium: A surviving spouse may be awarded compensation for the loss of services, assistance, aid, and companionship of his or her loved one in the case of a wrongful death caused by a train accident. Surviving parents may be awarded compensation for the loss of love, affection and companionship of their minor children as a result of their wrongful death. Minor children may be awarded compensation for the loss of assistance, aid, and companionship of their parents as a result of their wrongful death.
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Regardless of the type of injury you have, we may be able to help you get the compensation you deserve!
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