Your Ultimate Guide to the Personal Injury Lawsuit Process

Personal injury lawsuits are surprisingly common and yield huge settlements. In fact, the New Jersey state government paid out almost $120 million in personal injury lawsuits last year.

On the other hand, the state recovered nearly $150 million by winning personal injury lawsuits. Clearly, this is a large and impactful sector of the legal industry.

These lawsuits are an effective way for victims to obtain financial justice after a devastating injury. However, there is a burden on the victim to prove negligence or wrongdoing before securing a victory.

Read on to learn more about the personal injury lawsuit process. Explore this comprehensive guide to the process and what to expect.

First Step in the Personal Injury Lawsuit Process

Unfortunately, the first step in the personal injury lawsuit process is an accident. It is important that you understand the process begins here.

Your general awareness will help win your lawsuit and collect an adequate settlement. If physically able, collect any helpful evidence from the scene of the accident.

Anything that demonstrates negligence or wrongdoing occurred improves your odds of success. If you are unable to do so, see if a family member can help. Photographs, videos, and documents are all useful.

Obtain Medical Treatment

If you are injured, make sure to accept and receive medical treatment. Most importantly, you want to make sure to receive proper diagnosis and treatment.

Sometimes, major issues are not evident immediately after the accident. Instead, these injuries or ailments manifest over time.

From a legal perspective, denying treatment at the scene of the accident is a mistake. Opposing lawyers in a personal injury trial will seek to exploit this fact.

Finally, take care to save receipts and bills from all medical treatment that you receive. Your legal team will seek to recoup these expenses during the personal injury lawsuit process.

Hire a Law Firm That Specializes in Personal Injuries

Once you are healthy, it is time to seek out professional assistance. Start off by asking friends and family for a legal referral. Next, perform internet research to find reputable personal injury attorneys with many recent victories.

Once you narrow the list down, schedule a consultation with a law firm. Here, a personal injury attorney informs you whether the case has any merit. This will also be an opportunity for you to ask any questions about the personal injury lawsuit process.

The lawyer is likely to ask you for specifics about the accident. This is the perfect time to share any collected evidence and medical bills that are due.

Lastly, you can review the attorney’s fees. Some personal injury attorneys only collect a fee when a financial settlement is received.

Pre-Court Negotiation

In some cases, your attorney will seek to settle the case without going to court. This is typically accomplished via a letter to the negligent person or entity’s insurance company or attorney.

Here, the case is made against the responsible party. Your attorney also includes a specific demand for financial retribution. If this demand is met or acceptable counteroffer made, the settlement does not necessarily need to go to trial.

File Court Documents

Once you select a personal injury attorney, it is time to serve a formal complaint to the court. In these court documents, you will officially name a defendant and why it is believed they are liable for the injury.

The opposing attorney can submit court documents as well. Sometimes, the defendant’s attorney will submit a motion to dismiss. This means they are asking a judge to stop the process.

Now it is time to get strapped in for the long haul. It can take up to two years to reach the trial phase of the personal injury lawsuit process.

Discovery Process

The discovery process takes place before a lawsuit goes to trial. This is where the attorneys for the plaintiff and defendant request information from each other.

The intent is to establish the facts of the case before going to trial. In some cases, the attorneys request copies of important documents. This may include medical or accident reports, copies of bills, and other pertinent information. Attorneys may also submit sworn depositions from any witnesses of the accident.

The discovery process is one of the reasons that it takes so long to get to trial. It can take up to one year to complete the discovery process. This timeframe depends on several factors including how complex the case is and what deadlines the court mandates.

Negotiation and Mediation

Before the trial is underway, there is another opportunity for settlement. Now that the facts of the case have been established, the two attorneys can start negotiating a settlement.

At first, negotiation takes place between the attorneys for the plaintiff and defendant. If talks stall, the attorneys may elect to enter mediation.

Here, a neutral arbiter tries to help the two parties reach a deal. In many cases, mediation helps the two parties arrive at a fair settlement for both parties.

Trial

In the event that mediation fails, it is time to present the merit of the case before a judge. The duration of the trial varies depending on the complexity of the case.

Do witnesses need to be called? Does any new evidence come to light during the trial? Does the judge require additional time to review important documents?

The Final Steps

Once you reach the trial phase, the personal injury lawsuit process is near completion. Now, the judge will rule on the case and determine what type of settlement you receive, if any.

The next step depends on whether you win or lose. If you are victorious, the subsequent move is to collect the settlement. If the judge hands down a losing verdict, the only option is to file an appeal.

A Recap of the Process

The New York personal injury lawsuit process is long and daunting. The process typically does not begin until you are fully recovered from your injuries.

Then, steps like discovery and settlement talks take well over a year. If you want to learn more about the personal injury lawsuit process, contact us for assistance.

Contact our Firm Now.  We Are Here To Assist You.

Have you or a loved-one suffered personal injury as a result of another party's negligence?  Our high-profile personal injury lawyers can help you with your case.

We are here to assist you with finding the right personal injury attorney in New York, New Jersey, Pennsylvania, or Connecticut for your case. Contact us now for a free consultation.


10 Most Dangerous Jobs in NYC

There are over 4.6 million jobs in New York City. These jobs fall in a wide variety of sectors, from customer service workers to stock brokers, to doctors. And while many of these jobs will have you in an air-conditioned office building at a desk, a lot of them involve working outside and in less than ideal conditions.

Trying to decide which career works best for you, or are you concerned about the safety risks of certain professions? We've got you covered. Read on to learn about the 10 most dangerous jobs in New York City.

1. Construction Workers

Construction workers have some of the riskiest jobs in the city, by far. Through the United States, over 20 percent of fatalities in 2017 in the private sector were in the construction industry.  Almost half of those deaths are due to falls, while others are due to being struck by objects, electrocutions, and being caught in or compressed by machinery.

As of February of this year, there have been 96 construction injuries in New York alone, luckily none were fatal.

Because of the risks associated with working in construction, this industry is highly regulated by OSHA. We have helped construction workers and their families recover millions of dollars for the injuries they got while working at dangerous New York construction sites.

2. Taxi Drivers

Taxi drivers face a unique set of risks with their jobs. First, taxi drivers deal with the risks that are inherent with being on the road all day and all night long. This includes the risk of being involved in a collision with another car and suffering injuries when their car malfunctions or there is inclement weather.

On top of all those risks, taxi drivers deal with the risk of driving the general public. They could be attacked, robbed, or injured by their fares, not to mention passenger interference with operating the vehicle.

3. Subway Workers

The number one rule of commuting on the subway is to stay behind the yellow line. That rule is in place because of the risks involved with the day-to-day operation of the subway. Unfortunately, for subway workers, there a number of risks associated with their job depending upon what they do.

Maintaining the subway system means regularly risking contact with the electrified third rail, and getting on the track to remove debris. Cashiers face the risk of being held up by robbers or verbal abuse from angry subway riders.

4. Bike Couriers

Bike couriers and messengers are the backbone of the city. They promote workplace productivity by making sure that important documents are transported between offices without requiring office workers to take time out from their work to deliver it themselves or waiting for those documents to come in the mail.

For all the good that they do, bike couriers face a significant amount of risk by doing their jobs. They have to ride their bikes in all types of inclement weather — from rain to snow to summer heat. They also risk being hit by a car.

On the upside, riding a bike five days a week is probably pretty great for their fitness.

5. Healthcare Workers

Working in healthcare is easily one of the most rewarding jobs out there. Your job is solely to help people recover from illness or injury or to prevent them from getting sick in the first place. You also have the knowledge to be able to make better choices for your own personal health.

But working in healthcare has its own set of risks. To start, you're on your feet all day (or night) and work incredibly long shifts that can throw up your circadian rhythm. In addition to that, you risk the transmission of illness from your patients.

6. Police Officers

Police officers are some of the most revered members of the community. They help keep the community safe from people who want to do harm. Unfortunately, it's also one of the riskiest jobs in any city.

Police officers deal with normal risks associated with patrol — being in their car for long periods of time puts them at a higher chance of being involved in an auto accident. But they also risk injury and death from dealing with suspects in the line of duty, or entering dangerous situations, such as the 9/11 attack, as first responders.

7. Sanitation Workers

Sanitation workers are the unsung heroes of the city (unless you were a resident of New York in 1968). They make sure the sidewalks are cleared of excess trash and debris so you don't have to dodge it on your walk to work.

Sanitation workers' jobs have a surprising amount of risk involved. At a minimum, it is a physically demanding job that must be performed on a daily basis. In addition, they are also dealing with heavy equipment and machinery, and they run the risk of getting hit by cars on the road while picking up the trash.

8. Firefighters

Firefighters will always be considered one of the most heroic and rewarding jobs out there. Who can forget the images of the firemen who responded to the 9/11 crises in NY?

Their job is to protect everyone from the risk of fire, but also from hazardous conditions. They are the first responders to car accidents and do the heavy lifting when someone is trapped in their vehicle.

Of course, with this heroism are some pretty high risks. Many firefighters are injured or lose their lives when fighting fires due to dangerous and unpredictable conditions. And like police officers, firefighters are first responders and face injury from being some of the first people on the scene.

9. Electricians

We don't think about it much, but we need electricians more than we realize. They make sure your home is properly wired and not at risk for fire or electric shock. Of course, the very nature of their job is full of risks.

Electricians face the risk of electric shock on a day-to-day basis. This is no small risk, and its the reason that electricians need to be licensed in order to do their work. They also have to go into the private residences of people they do not know and risk injury from those people or even their pets.

10. Grounds Maintenance Workers

Grounds maintenance workers have an important, but a seemingly invisible job in the city. They work in all weather conditions and face heatstroke in the summer frostbite during the winter. They also operate dangerous machinery such as chainsaws, and risk loss of hearing from operating loud equipment like leaf blowers.

Do You Work In One of the 10 Most Dangerous Jobs?

These 10 most dangerous jobs have a significant risk of injury associated with them. That doesn't mean you should avoid them, in fact, many people employed in these fields have a high level of job satisfaction. But know your risks, and know that if you get injured, there are resources available to help you recover.

Have you been injured on the job? We can help. Contact us today to find out what we can do to get you back on your feet and back to work.

Contact the Team at Find Injury Law.  We Are Here to Help You.

Did you suffer trauma as a result of a dangerous work condition?  Our workplace injury lawyers will help you win your case.
We are here to assist you with finding the right workplace accident lawyer in New York, New Jersey, Pennsylvania, or Connecticut for your case. Contact us now for a free consultation.


How to Find the Right Medical Negligence Lawyer for Your Claim

According to ProPublica’s estimates, there could be more than 200,000 people every year who die from medical malpractice.

If you’ve survived but been through hell and back because of unprofessional doctors, you should seek out a medical negligence lawyer to help. A medical negligence lawyer could help you get what you deserve from the doctor or hospital who treated you poorly or inadequately.

Here are four tips for finding the right lawyer to take on your case.

 

1. Find Someone Local

When you’re on the hunt for the right medical malpractice or negligence lawyer for your case, you need to find someone near to you. If you are located in the Brooklyn New York than try to search for a medical malpractice lawyer in your area that has lots of experience in cases similar to your own.

Not only do you need someone who you can meet with right away, but you’ll have to have lots of back and forth with your attorney. You can’t drive three hours every time you need to submit another piece of evidence or come in for a meeting.

Finding someone in your region means looking online and seeing who comes up. You should get a pretty good idea of who is making the most commotion in your region by using your favorite search engine. There should be a map attached that shows you who is closest to you and a little bit of information about them.

Ask around to friends, family, and coworkers and see if anyone you know has had to deal with any local attorney who specializes in this type of work. There are lots of lawyers to choose from in any city or town.

The trick is to find someone who is talented while also fitting in with your budget.

 

2. Read The Reviews

If you’re worried about whether or not you’ve got a good attorney on your side, one of the best things to do is to read the reviews that are online.

If you’ve been through an injury, surgery, and subsequent recovery only to get worse, you want an attorney who understands that. You’ve already been through enough trauma without having to struggle to get a lawyer to understand what makes your case important.

Look to see if there are any specific details about cases that other people have been through. Look for similarities to what you’re dealing with and how you’re struggling to bounce back after your medical negligence issue. If you’re in pain and suffering from the problems that come with malpractice, you need an attorney who is sympathetic.

The best lawyers out there know how to be sharks for their clients without making them feel a lot of stress or pressure. Lawyers who don’t pressure their clients and who know how to balance out their needs make the stressful process easier on you.

One of the major ways that an attorney can put you at ease is by ensuring that you’re not worried about the costs of the case.

Many lawyers will work on contingency fees, meaning that they’ll only get paid if you get paid. This allows them to work as hard as they can while you rest assured that they want to win this case, so that everyone gets what they deserve.

 

3. Ask About Past Cases

When you talk to a lawyer over the phone, feel free to ask them about cases they’ve dealt with that are similar to yours.

They should easily come up with a few that have similarities and that you see some familiar elements in. When you know they’ve dealt with cases like yours, you know they’re able to get the work done and help you win what you deserve.

While you might just see a list of positive reviews on their website, some attorneys are very confident and have clients who are willing to refer you.

If you can talk with previous clients who’ve won their cases, you can learn more about the process and what you can expect. If they don’t want to give out private information from previous clients, they should be able to walk you through a case without disclosing those details.

Great law firms work hard to build a strong reputation so that people all around the region know they know how to handle medical negligence. Rather than suffering with it, you could be working with a powerful lawyer to get what you’re entitled to from the case. When you pursue action, you should be able to see measurable results.

Lawyers will do what they can to ensure that you see examples that earn your trust.

 

4. Customer Service Matters

From the moment you first speak to your lawyer’s receptionist, you should feel welcomed to the family. Customer service matters a lot to any law firm with any kind of integrity. You should be treated respectfully and greeted like someone they are excited to do work with and to help through this difficult time.

If you find that reception is cold and mean, you might want to seek out another firm. If you call all the time and don’t ever get to speak with the lawyer you want to work with, just their staff, you might seek greener pastures. When you’re trusting a lawyer with your future and your health, you want someone willing to get to know you.

You need a lawyer who you know is going to fight for you. If they’re not even working hard enough to try to talk to you over the phone, then you can bet they’re not going to fight very hard for you in the courtroom. If you can tell they’re listening to every word when you speak, then this is the lawyer for you.

 

A Medical Negligence Lawyer Should Listen

If you’re looking for a New York medical negligence lawyer, start by finding someone who you know is listening to you. Once you’ve got someone who is interested in your case, you can start talking about their strategies and what their plan is to get you reimbursed.

If you’re planning on suing a doctor, check out our guide for everything you need to know in advance.

 

Call Us So We Can Help You Get Started.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case.

We are here to assist you with finding the right injury lawyer. We have over 30 years of experience.

Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

Contact us now for a free consultation.

 


Mistakes That Can Ruin Your Car Accident Lawsuit

Every year about 2.35 million people suffer injuries or disability from car accidents. While it's difficult to recover from your injuries, filing a car accident lawsuit can help you obtain some relief.

In many cases, plaintiffs are eligible for a higher monetary relief than the amount the court awards. Certain common mistakes plaintiffs make along the way harm their settlement amount and case outcome.

Don't know what mistakes you should avoid at all costs? We'll tell you what common mistakes may harm your auto accident recovery. Keep reading to learn how to get the most relief from your auto injury nightmare.

Car Accident Lawsuit Mistakes You Should Avoid at All Costs

You might've heard car accident settlement stories about how plaintiffs should've received a higher monetary relief or a better outcome. All car injury cases come down to how your attorney can evidence the extent of your injury in court.

It all starts with documenting your accident the right way. If you don't, you may miss out on a larger monetary relief or lose your case.

Don't know how you may miss the mark before and during your accident lawsuit? Here are the most common mistakes you should avoid to obtain the best outcome in your New York auto accident lawsuit.

1. Not Reporting Your Accident to the Police

While you might want to leave the scene of your accident as soon as possible, you must meet the accident reporting requirements in your state. In New York, if your crash caused an injury to a person, you must file a police report as soon as possible. If it only caused property damage, you will only have to file a report on the spot if the owner of the property is at the scene.

Still, this state requires all parties to file an MV 104 form with the NY DMV no more than 10 days after the accident. In states such as New Jersey and Pennsylvania, you must report your accident immediately according to their laws.

In Pennsylvania, the only exemption to this rule is when law enforcement can't arrive at the scene. In this case, all parties must file an AA-600 form within 5 days of the accident. Keep in mind that you should describe your accident as best as you can when reporting the incident. 

2. Forgetting to Exchange Your Contact Information with Other Parties

You may think exchanging your contact information with the other parties is enough. Yet, you should also exchange your information with any witnesses present at the scene. When your case goes to court, your attorney will interview these witnesses to verify and confirm details about your auto accident.

3. Not Getting Medical Treatment

Medical treatment for any condition can be expensive. Yet, not seeing a doctor after you suffer an auto accident can limit your relief.

It's important to visit your doctor and get your injuries treated after the event. Your attorney will use your medical record as evidence to obtain a better deal in your case.

Make sure you follow your doctor's instructions. If you don't follow the suggested treatments, the other parties can use it against you in court.

4. Providing Unnecessary Information to Your Insurance Company

Many plaintiffs think that overselling what happened is the best way to obtain the best monetary relief. Yet, you should provide your insurance company an honest account of the events. Aim to describe the situation as best as you can.

Keep in mind that your insurance company may verify your account of the auto accident. Also, your attorney or other parties may request and submit your insurer's report as evidence. At the end of the day, you don't want your words being used against you.

5. Not Taking Pictures When You Suffered the Accident and After

Taking photos of the accident scene is the first step to obtaining the best outcome in your case. Yet, that isn't the only time when you should document your accident.

It's recommended that you take photos of any injuries you suffer and your rehab. Also, you should document the damage to your vehicle and any other damages you suffered.

6. Saying Too Much

Believe it or not, jurors, witnesses, attorneys, and other parties will try to contact you during your case. Many plaintiffs make the mistake of chatting with them about the case.

You shouldn't talk to anyone related to the case. If you receive a call from any party, you should ask them to contact your attorney.

7. Filling Out Your No-Fault Forms Incorrectly

Jurisdictions such as New York, New Jersey, and Pennsylvania have no-fault auto insurance laws. These laws may put a dent on your relief options. These jurisdictions allow plaintiffs to file an accident claim if the damages and suffering meet certain conditions.

Nursing care and other services may require you to submit these no-fault forms for payment or reimbursement. Before submitting any forms, it's recommended that you consult an attorney. You want to make sure you don't make any mistakes when submitting these documents.

8. Not Hiring an Experienced Injury Lawyer

While obtaining the best outcome in your case depends on your evidence, you need the right lawyer in your corner. Hiring an experienced car injury attorney can make the difference between receiving the relief you deserve or losing your case.

An experienced injury attorney will help you navigate your lawsuit and advise you in matters such as the applicable statute of limitations. While New York, New Jersey, and Pennsylvania follow no-fault insurance laws. The statute of limitations may void your lawsuit filing.

In the state of New York, you have 3 years after your accident to file your lawsuit. In New Jersey and Pennsylvania, there's a limit of 2 years to file your lawsuit after your accident. Yet, these limits may vary depending on your case.

An experienced attorney can advise on your lawsuit filing and approach to obtain the best outcome. It's recommended that you search for experienced auto accident attorneys in your area.

Can You Obtain the Best Outcome in Your Auto Accident Lawsuit?

You can obtain the best outcome in your car accident lawsuit. It will come down to avoiding any mistakes and hiring the right lawyer for the job.

The best lawyer will take the time to learn more about your case and offer different options. At Find Injury Law, you have access to one of the largest injury attorney networks to find the right professional for your case.

Want to obtain the best outcome or settlement in your auto accident lawsuit? We can connect you with the most qualified injury law attorneys. Contact us today to obtain the highest monetary relief in your case.

We can Help You With Finding the Best Lawyer For Your Case. Call Us Now To Get Started.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. We have over 30 years of experience.

Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

Contact us now for a free consultation.


Your Ultimate Guide to Winning Your Slip and Fall Case

In 2016 alone, there were approximately 34,000 slip and fall cases that resulted in the death of the victim. Plenty more brought longterm injury.

As you can tell, these types of cases are often very serious and leave the victim with hefty medical expenses. But, with a competent legal professional on your side, you'll be sure to get the compensation you deserve.

Not sure where to start? Don't worry, we've got you covered.

Let's take a look at everything you need to know about winning your case.

Proving Liability

Slip and fall cases in New York only have a chance in court if the defending party is liable for the accident that caused your injury.

Property owners are often liable when they are negligent of dangerous circumstances. A common example is the lack of the iconic "wet floor" sign near a slippery surface, posing a threat to visitors.

But, there are many scenarios where it can be difficult to prove liability. These can include:

  • Poor lighting over an unsafe floor surface
  • An obstacle that visitors must unsafely maneuver around
  • Lack of routine maintenance that results in faulty equipment or machinery

 While these situations could easily result in the injury of a customer or visitor, you still have to prove that they were negligent.

For example, in order to prove that lack of maintenance resulted in faulty equipment, you'll need to find out if there are any documents that prove there was a significant gap between the time of injury and when the equipment was inspected.

Your attorney will know what course of action to take when it comes to proving liability. But, proving owner liability goes hand in hand with...

Proving You Weren't The Cause

Unsurprisingly, nobody likes to get sued. But, Brooklyn property owners have a morbid fear of being sued for negligence.

In many slip and fall cases, the property owner may argue that not only was the accident not their fault but also that you were the one who caused it.

If you were found at fault (even partially), then your potential for receiving full compensation is dramatically reduced. Thus, the defendant is going to do all that they can to prove the blame lies on you.

While you may be convinced you're not at fault for your slip and fall incident, you could have played a role depending on your actions at the time. If you slipped because of your own negligence, it may be difficult to obtain the judge's favor.

Common situations where the plaintiff played a role in their own injury are:

  • Illegally accessing the area they were injured (jumping a fence, ignoring trespassing signs, etc.)
  • Acting negligently at the time of injury (such as texting, reading, talking on the phone when they should have been looking at their surroundings)
  • Failing to adhere to safety/warning signs

Thus, it's not impossible that the individual who was injured played a role in their slip and fall. But, regardless of whether or not the plaintiff did, the defense may choose to argue that you were at fault anyway.

Therefore, you'll need to prove that you weren't. Eyewitness testimony, security footage, etc. are often required to back up your claim.

Before You Go to Court

You're going to have to gather evidence. First, you'll need to...

Prove The Extent of Your Injury

It's pointless to pursue slip and fall compensation if your injuries are negligible. So, you're going to have to prove how badly you were hurt as a result of the accident.

The easiest and most reliable way to do this is through your medical records. Medical professionals will provide a detailed account of your injuries through their assessment, and it's your duty to obtain these documents.

Then, you'll be able to prove how injured you are, any prolonged discomfort you experience, and whether or not you experience any disability as a result of the accident. 

Even if your injuries are readily visible, you'll still need proper medical records to prove they aren't superficial. For example, cuts or bruises on your face that don't hinder you in any way are unlikely to be a solid foundation for pursuing compensation.

Then, you'll need to...

Provide Proof of Your Expenses 

Medical expenses aren't the only thing you'll need to keep in mind. There are plenty of other forms of a financial burden that can stem from a slip and fall accident.

The most common scenario is one where your injury prevents you from working, drastically reducing your income. If you suffered a neck or spinal injury, it could be months before you'll be able to return to your job.

Hire an Experienced Lawyer

Even with all the evidence on your side, you'll still need a competent legal professional to back you up in the courtroom. You'll want someone with extensive experience not only in the legal profession itself but also slip and fall cases.

If possible, someone who specializes in your type of injury (wet floor, faulty equipment, etc.) will give you the best chance of achieving success.

Handling Your Slip and Fall Case Can Seem Difficult

But it doesn't have to be.

With the above information in mind, you'll be well on your way to making sure your slip and fall case results in you getting the compensation you need.

Want to learn more about what a competent legal defense can do for you? Make sure to check out the rest of our blog!

Need Help With Finding the Best Lawyer For Your Case? Call Us.

Have you or a loved one been injured from a slip-and-fall accident? An experienced injury lawyer will help you win your case. 

We are here to assist you with finding the right injury lawyer. Our service is offered to the general public nationally, and specifically in New York, New Jersey, Pennsylvania, and Connecticut.

 Contact us now for a free consultation.


An Overview of Train Accidents

In the United States, there is an average of over 11,300 train accidents per year and over 850 fatalities annually since 2013. 

If you or a loved one were injured by a train, either as a passenger or bystander, you may have a cause of action against the company that runs the train. That company is most likely a government entity. 

Suing an entity like Long Island Railroad, the MTA or Amtrak is not like pursuing a case against a private company or an individual. There are certain special legal issues which may come in to play

Here are seven things you should know if you or your loved one has sustained an injury due to a train accident. 

1.  Riding on a Train that Derails

Accidents, where a train goes off the tracks, are happening more and more frequently. The infrastructure in many cities and across the country is in dire need of repair.

Additionally, trains are still run by human beings, who make mistakes, get sick or fall asleep. Like drowsy driving, the consequences of running a train while sleep deprived or otherwise impaired can have disastrous consequences. 

If you have been injured while riding on a train that went off the tracks, you may have suffered physical and psychological injury.

The experience may prevent you from going to work, pursuing your everyday hobbies and pleasures, and living your life the way you did before the accident. You might be entitled to be compensated for this damage to your life and livelihood. 

2. Employee of the Railroad?

Passengers are not the only ones who can get hurt in a train accident. Often the engineer or conductor, porters and other employees may get hurt as well. 

If the accident happened during the course of your employment, your legal rights may be covered by Workers' Compensation. This is a different process than filing a personal injury claim.

As an employee of a railroad, you might also be covered by the Federal Employees Liability Act or FELA, which protects the safety of federal workers. You have to prove that the railroad was negligent for your case.

The railroad employer will be liable if their negligence played even the slightest part in the injury or death of the employee. Negligence could be failing to provide adequate training or safety equipment, asking employees to work unreasonable hours or under severe time pressures, or not providing proper supervision. 

3. Accident on the Tracks

A train accident which hurts someone who was not on the train can still provide a cause of action for a lawsuit. If you were in a car crossing the tracks and you were hurt by a train, you might want to sue. 

If a railroad did not adequately secure its property and keep the tracks safe from trespassers, it may even be liable for someone who took their own life by going onto the train tracks.

In these tragic situations, railroad employees like engineers and conductors may suffer deep trauma from witnessing suicides. Railroad companies must often provide counseling and time off for these employees or they may be found liable under The Rail Safety Improvement Act of 2008.

4. Damage to Property 

A derailed train can cause lots of damage to property if it derails and runs into a building or other vehicles.

If the train was operated in a negligent manner and caused damage to your property which affected the property's value or prevented it from being used in the manner for which it was intended, you may seek recovery. 

If the accident occurs involving a freight train, there may be numerous commercial claims if goods are damaged or delayed getting to their destination. However, these would likely be contractual claims rather than personal injury. 

It's recommended that you discuss with an attorney the possible claims you may have arising from a train accident in order to fully pursue all potential avenues for recovery.

5. Bodily Injuries 

A personal injury suit in the wake of a train accident requires proof that you have sustained a physical injury which is quantifiable. That means that the court can put a value on what you lost, whether it is the loss of function of a limb either permanently or temporarily, or the overall ability to earn a living. 

You will need to collect and submit evidence of the injury, including all medical reports. Your lawyer will need to establish that the injury was caused by the accident and that you did not have this injury prior to the event.

You will also need documentation of the impact of the injury, including affidavits from doctors and your employer testifying that you cannot work. You may need to collect sworn statements from family members or friends describing how your activities are now limited. 

6. Psychological Impact 

If you have been hurt in a train accident, you may experience other issues in addition to physical consequences. Psychological pain and suffering are compensable as well, provided that you can provide evidence of their impact on your life and that they were directly caused by the defendant's negligence. 

If you are suffering from depression after being in a crash, get a psychiatrist's or psychologist's report and diagnosis. If you've dealt with depression, your doctor might be able to show that the incident significantly increased the pre-existing condition.

7. Special Rules Regarding Governmental Entities 

If the operator responsible for running the train involved in your accident was a governmental entity, you may have a limited time in which to file a claim. 

Speak to an attorney experienced in suits against governmental agencies in order to understand the specific issues at stake in your case.

For example, if you choose to sue NJ Transit, you have 90 days to complete a Tort Claim notice or else you may lose the right to sue. If you are suing the NY-NJ Port Authority, you may have a one-year statute of limitations instead of the usual two years allowed for personal injury claims. 

Train Accidents: Know Your Rights 

If you have been injured in an incident involving a train, speak to a personal injury attorney as soon as you can. Depending on the circumstances, you have certain rights to be made whole by the person or entity responsible for your injuries.

Because many railroads are run by the government, you may have limited time in which to assert your rights. Contact a lawyer as soon as you can to help you figure out your options.

For more information on personal injury claims arising from train accidents and other transportation events, check out our blog

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