Nuances of a Railroad Accident Lawsuit

From January to March of 2008, there have been a record number of railroad accidents. These incidents have caused injury to almost 2,000 individuals and killed approximately 200. An alarming statistic is that trespassers on railroad property have caused over half of these crashes and railroad employees have suffered over 60 percent of the injuries.

In a recent California case, a man who was contemplating suicide ended up surviving the train accident he caused. Eleven others were killed in the railroad accident and 180 were injured, including railroad employees and passengers. A jury will be deciding his fate; the death penalty is being considered.

The facts of the case are as follows: The man trespassed onto railroad property, allegedly because he wanted to commit suicide. He doused his vehicle in gasoline and parked his car on the railroad tracks, hoping to be killed by a passing train. Allegedly, at the last minute, the man changed his mind and decided to flee the vehicle. Shortly thereafter, a commuter train crashed into his vehicle. When the train collided with the gasoline-infused vehicle, 11 were instantly killed and hundreds of others sought medical attention for injury.

The man was charged with several criminal charges, including 11 counts of murder, arson and train-wrecking. Those injured and the families of those killed have also filed numerous civil personal injury lawsuits against him. The injured railway employees in this case would also file under general personal injury claims, instead of a FELA claim. Although FELA claims are typically the type of suits filed when a railway employee is injured in the course of employment, FELA claims require employer negligence, which, by the facts of this scenario, may be difficult to prove.

This case exemplifies how several lawsuits may be filed in relation to one railroad accident. Further, the types of suits that a victim can file are impacted by the facts of the case, such as with the railroad employees.

An experienced railroad accident attorney will be able to discern what types of claims you should file in order to be most successful in a railroad accident lawsuit. An attorney who is familiar with railroad litigation and the types of claims arising from railroad crashes will be your greatest tool in triumphantly resolving your claim.

Five Things You Must Know Before Filing a Personal Injury Lawsuit

Personal injury is a complex area of law that is different depending on what state you are in. What follows are five things that you need to know before filing a personal injury case in the state of Missouri.

Is there a time limit for filing a case?

Yes, all Missouri personal injury claims and lawsuits must be filed within the time limit from the date of the loss or accident. This is why it is important to contact a Missouri injury attorney as soon as possible after the accident so he can advise you on the applicable deadline.

Is an attorney required?

No, Missouri law does not require you to hire an attorney for your case. You should be aware, however, that the insurance company is sure to have an entire team of highly skilled lawyers working on your case. These lawyers are instructed to pay attention only to the bottom line. They will be skilled at selling their offers and making you believe that they are offering what is best for you. A trained personal injury lawyer will have a great deal of experience dealing with insurance company lawyers.

Will I have to go to trial if I hire an attorney?

No, an injury lawyer is there to represent you, to advise you on the best route forward and to argue your side of the case - whether that leads to full trial, or settlement beforehand will depend on the individual case. Often times it is the threat of full trial that leads to a fair settlement. Your Missouri injury attorney can advise you on the best way to play your hand.

Will the insurance company spy on me?

Absolutely. They will have insurance investigators watching you to see if you have lied about your injuries. This is why it is critical that you be entirely honest with your lawyer. It is also important that you set aside pride. Often when our doctors tell us we must rest for five days, by day three we are up and about in a limited fashion and we are resuming full activity by day four. In personal injury cases this is crucifying. If the doctor says to use the brace for two months then you need to use it for two months, period.

How much will a personal injury lawyer cost?

Most St. Louis injury attorneys will not charge for their services but will work for a percentage of the settlement or summary judgment. Be sure you understand the payment agreement upfront to avoid any surprises on settlement day.