Why Do You Need an Amtrak Train Accident Lawyer?
The frequency and severity of Amtrak crashes are all too common, raising questions about how seriously Amtrak considers proper safety measures. Victims and their families have successfully filed lawsuits asserting that their losses were preventable, and courts have often sided with them. An experienced Amtrak train accident lawyer can help you secure what you’re owed.
Amtrak lawsuits are among the most complex types of personal injury lawsuits. This is due in part to their magnitude, with many of these trains crashing at over 100 mph. There are often several parties to investigate for liability, similar to trucking accidents. To further complicate matters, the injuries are typically severe and survivors need immediate financial relief to accommodate medical bills.
The train accident lawyers at The Smith Law Center are intimately acquainted with the laws surrounding railroad accidents, whether the injured person is a passenger or rail worker. On this page, we help explain Amtrak’s past negligence, its failure to uphold strict safety standards, and why filing an Amtrak lawsuit is different from other types of personal injury lawsuits.
Contact Smith Law Center by calling (757) 244-7000 if you are in need of immediate legal representation. We are ready to discuss your circumstances, and can begin working on your case before any important filing deadlines pass. Read on to learn more about how an Amtrak accident lawyer can help you recover.
What Kind of Settlement Can an Amtrak Accident Lawyer Help You Secure?
Here are some potential settlements an experienced Amtrak train accident lawyer can assist you in obtaining:
- Personal injury settlements: If you were injured in an Amtrak accident, your lawyer can help you seek compensation for your medical expenses, rehabilitation costs, lost wages, pain and suffering, and other personal injury damages related to your injuries.
- Wrongful death settlements: In cases where a loved one has died as a result of an Amtrak accident, an attorney can help the surviving family members pursue a wrongful death claim. This may involve compensation for funeral expenses, loss of financial support, loss of companionship, and emotional distress.
- Property damage settlements: If your personal property, such as your vehicle or belongings, was damaged in an Amtrak accident, your lawyer can help you pursue compensation for the repair or replacement costs.
- Punitive damages: In certain cases where the negligence or misconduct of the responsible parties is particularly outrageous, punitive damages may be awarded. These damages are meant to punish the at-fault party and deter similar behavior in the future.
- Insurance negotiations: An experienced Amtrak accident lawyer can engage in negotiations with the responsible party’s insurance company on your behalf. We will work to secure a fair settlement that covers your damages without having to go to trial. Negotiations may involve determining fault, assessing the extent of your injuries, and evaluating the impact on your life and finances.
It’s important to note that each case is unique, and the specific type and amount of settlement will depend on the individual circumstances. Consulting with an experienced Amtrak accident lawyer will help you understand the potential outcomes and the appropriate course of action for your particular case.
Given their history of high-speed derailments and alleged oversight, both passengers and rail workers have suffered serious Amtrak injuries. When safety compliance isn’t taken seriously, the results can be disastrous. Contact us online or by calling (757) 244-7000 for a free, fully confidential consultation about the train crash, derailment, or incident that has impacted your life.
What Injuries Can an Amtrak Accident Attorney Handle?
An Amtrak accident attorney can handle a wide range of injuries resulting from train accidents. Here are some common types of injuries that an Amtrak accident attorney can help you file a claim for:
- Traumatic brain injuries (TBIs): These injuries occur when a blow to the head disrupts normal brain function. TBIs can range from mild concussions to severe brain damage, resulting in long-term cognitive, physical, and emotional impairments.
- Spinal cord injuries: A train accident can cause damage to the spinal cord, leading to paralysis or other neurological deficits. The severity and extent of spinal cord injuries can vary, and they often have life-altering consequences.
- Fractures and broken bones: Train accidents can cause significant impact, resulting in fractures and broken bones. These injuries may require surgical intervention, casting, or other medical treatments to facilitate healing.
- Soft tissue and internal injuries: Whiplash, strains, sprains, and other soft tissue injuries can occur due to the sudden jolts and movements experienced during a train accident. These injuries can cause pain, swelling, limited mobility, and may require physical therapy for recovery. Train accidents can also cause internal injuries, such as organ damage, internal bleeding, or damage to blood vessels.
- Burn injuries: If a train accident involves a fire or explosion, passengers may suffer burn injuries. These injuries can range from minor burns to severe, life-threatening burns, requiring specialized medical treatment and long-term care.
Keep in mind that emotional and psychological injuries are just as real as physical injuries, and the law recognizes those harms as well. Train accidents can be traumatic experiences, leading to emotional and psychological injuries such as post-traumatic stress disorder (PTSD), anxiety, depression, and other mental health conditions.
An Amtrak accident attorney can help you seek compensation for the emotional distress caused by the accident.
It takes an eight-car train moving 80 miles per hour at least a mile to stop. Several deadly crashes have occurred with drivers traveling over 100 miles per hour on curves. It is no wonder that Amtrak crashes cause serious injuries.
Contact Amtrak Accident Lawyers in Virginia
It’s important to consult with an experienced Amtrak accident attorney who can evaluate your specific injuries, gather evidence, and build a strong case on your behalf. We will work to ensure you receive the necessary compensation to cover your medical expenses, ongoing treatment, rehabilitation, lost wages, and other damages resulting from the accident.
Why Hire Smith Law Center
The trial lawyers at The Smith Law Center have decades of experience in commercial vehicle injury cases. As one of the oldest law firms in Virginia, we have worked extensively with the victims of railroad crashes, and our results for individuals and families speak for themselves. The Smith Law Center is also uniquely prepared to handle traumatic brain injury cases due to founding attorney Stephen M. Smith’s background in neuroanatomical science.
If you or a loved one were injured in an Amtrak train accident, it is highly recommended that you contact a train accident lawyer to ensure your rights are protected. We’re aware of how confusing this time can be and are available to bring clarity, understanding, and hope.
Amtrak Lawsuit FAQs
How does Amtrak’s safety record compare to train systems in other countries?
According to an American Enterprise Institute (AEI) analysis, rail injury rates in the U.S. are considerably higher than in Europe. Adjusted for passenger miles traveled, Amtrak’s passengers get injured 58 times as often as those on French railroads, and American riders are less safe than those who travel in even the worst European systems.
Amtrak’s poor safety culture has been at the center of investigations from lawsuits against the rail service. In spite of having access to government funding, they fail to enforce strong safety standards and proper training for engineers.
Can I sue Amtrak for railyard injuries that are not crash-related?
Yes, both passengers and rail employees may be able to sue for non-crash-related injuries associated with Amtrak’s negligence. This includes slip and fall injuries on a platform or in a rail yard, being struck by falling objects, back injuries from climbing onto the train, and pedestrian, bicycle, and motorcycle injuries or death from being struck by a train.
These injuries can cause lifelong complications for the victim, bringing on massive medical bills and significant lifestyle adjustments. Tragic deaths can also leave families reeling from the devastation. Speaking with a train accident lawyer can offer you the direction your family needs to move on after an injury. If you have questions, please don’t hesitate to contact our offices.
Why are Amtrak lawsuits more complicated than other personal injury cases?
Amtrak is not bound by many of the same elements as a typical personal injury case. One key distinction with Amtrak is that it receives government funding, even though it isn’t a government agency. This provides them with essentially limitless resources to face people in court. In addition to this, Amtrak is protected by certain laws that limit damages for anyone injured by their negligence.
This is why it’s necessary to speak with an Amtrak injury lawyer if you or a loved one has been injured or died in a crash. The stakes are high and Amtrak has government funding at their disposal, making them a formidable opponent in litigation.
How long do I have to file an Amtrak train injury lawsuit?
The deadline to file an Amtrak train injury lawsuit varies by state. For example, in Virginia where Smith Law Center is headquartered, you generally have two years from the date of your Amtrak train accident to file a personal injury lawsuit.
It is important to consult directly with a personal injury attorney to determine the specific deadline that applies to your case. Contact the experienced lawyers at Smith Law Center by calling (757) 244-7000 as soon as possible before you miss your opportunity for justice.
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