If you were injured in a railroad accident on Long Island, whether as a passenger or a railroad employee, you deserve compensation. A Long Island railroad accident lawyer from Friedman & Simon, L.L.P. will work to recover damages you incurred due to your accident.
The Federal Employers Liability Act (FELA) covers railroad workers when an accident occurs due to the railroad’s negligence. Injured passengers seek compensation by filing an insurance claim or taking legal action in the civil court system. You are welcome to learn more during your free case review with our team.
In This Article
- Getting Compensation After a Railroad Accident
- Calculating Your Potential Financial Recovery Based on Your Case’s Facts
- Common Causes of Train Accidents
- Proving Fault and Establishing Liability in Your Long Island Railroad Accident
- Injuries Resulting from Railroad Accidents
- Railroad Workers and the Federal Employers Liability Act (FELA)
- Filing Your Claim in a Long Island Railroad Case
- Talk to a Long Island Railroad Accident Lawyer from Our Team for Free
Getting Compensation After a Railroad Accident
Your case’s liable party—that is, the organization or individual responsible for the accident and your resulting injuries—will likely be covered by accident insurance. For those injured in railroad accidents who were not employed as railroad workers at the time of the subject accident, it is, therefore, the insurance company we would be seeking recovery of your financial damages from.
It is important to be careful when dealing with insurance companies. They are all too often willing to resort to unfair, predatory tactics, including blaming you for your own injuries, to reduce their own losses. Hiring a railroad accident lawyer from our firm will protect your rights in the following ways.
Managing All Communications Between You
If the insurance company tries to get a statement from you or offer you a settlement, let us respond on your behalf. The less you say to the insurance company, the fewer opportunities they have to twist your words to use against you or take advantage of your inexperience with the law.
Our team will notify the insurance company about your claim or legal action, relay messages between the two sides, and advise you on how to handle any offers or requests they make.
Negotiating for a Settlement
Getting a pretrial settlement is often the best way to receive compensation after an accident. It enables you to get your money without going through the stress and expense of a courtroom trial.
We are not afraid to meet with the insurance company and fight aggressively for the money that is rightfully yours. At Friedman & Simon, L.L.P., we understand how much you need that money to rebuild your life.
Going to Court for Your Damages
This is relatively rare, but there are some cases where, for example, the insurance company refuses to come to the negotiating table or to negotiate in good faith. If that happens to you, depending upon the unique circumstances of your case, our team will keep pursuing the damages you are entitled to receive by commencing a lawsuit.
In those cases where an insurer failed to offer an appropriate settlement for a client, we instead pursue a jury award. This often involves:
- Setting trial dates
- Selecting jury members who do not have preexisting biases against you
- Submitting evidence as trial exhibits
- Delivering opening and closing statements
- Writing legal briefs
- Raising objections if the defendant violates a law or your rights
- Preparing witnesses to testify on the stand
- Questioning our witnesses about the accident and how it affected you
- Cross-examining the defendant’s witnesses and trying to undermine their testimony
- Representing you in the courtroom
For a free legal consultation with a railroad accidents lawyer serving Long Island, call 516-932-0400
Calculating Your Potential Financial Recovery Based on Your Case’s Facts
Our team knows how to put an appropriate value on your damages and demand a payout on your behalf. Your injuries, the facts of your accident case, and your expenses and losses all contribute to the possible value of your claim or lawsuit.
Types of Recoverable Damages in a Long Island Railroad Accident
You could be eligible to collect some or all of the following damages:
- Emergency transportation, including ambulance and helicopter
- Doctor’s and surgeon fees
- Hospitalization charges
- Medical treatment (current, ongoing, and future)
- Prescription medication
- Pain management medication
- Physical therapy
- Rehabilitation services
- Pain and suffering
- Anxiety and other forms of emotional distress
- Wages you lost due to missing work because of your injuries
- Other lost income
- Diminished quality of life
- Diminished future potential earnings
- Replacement services
Our legal team will request damages after tying dollar figures to the above categories and other damage types appropriate to your case.
Wrongful Death Actions on Long Island
If you lost a loved one in a railroad accident, our team extends our condolences. We know how difficult this time must be for you and your family. We will treat your case with the compassion and respect it deserves and consider it a special privilege to represent your family during these most challenging times.
If we prove the railroad accident occurred because of another party’s negligence, a wrongful death claim should be asserted. Our attorneys are determined to win the compensation you are entitled to and the justice your departed loved one deserves.
Determining Your Damages with Expert Opinions
Some of the numbers we factor in when valuing a case may come from experts who speak to the effect your injuries have on your life.
For example, one expert might offer an opinion about your future employability in your profession—or even in other careers you would have been able to pursue before your injuries.
Some of the subject matter experts we may tap for this purpose include:
- Medical doctors
- Vocational experts
- Life-care planners
Long Island Railroad Accident Lawyer Near Me 516-932-0400
Common Causes of Train Accidents
Train and railroad accidents happen for many reasons. Some of the most common include:
- The train operator made a mistake
- The conductor was negligent
- The platform was wet or oily
- The bridge collapsed
- The train crossing malfunctioned
- The equipment failed
- The train collided with a vehicle attempting to cross train tracks
- The train collided with another train
- The track was not properly maintained
If human error is a factor in a train accident, this could involve many types of mistakes, including those an engineer makes, such as:
- Driving at an excessive speed
- Failing to brake on time
- Being distracted
Often, the accident was caused by a combination of human error and track malfunctions. Either way, the railroad or a corresponding agency should be held liable for injuries that result from many of these accidents.
To get help with preliminarily identifying the potentially liable parties in your case, you are encouraged to get in touch with our team today for a free legal consultation. A member of our dedicated team of legal professionals serving Long Island and focused on your railroad accident case will speak with you at no cost to you or your family.
Proving Fault and Establishing Liability in Your Long Island Railroad Accident
When we handle your Long Island railroad accident injury case, we must identify the party at fault for the accident. The legal team at Friedman & Simon, L.L.P. will investigate your case to determine not only how your train accident happened but also who is at fault.
Depending upon the particulars of your case, we will:
- Visit the accident scene and collect evidence
- Obtain official police and other available investigative reports
- Talk to witnesses and review witness accounts of the accident
- Work with accident reconstruction specialists to fully understand how the accident happened
The next essential step we take in your railroad accident personal injury case is to tie the at-fault party we identified to the law’s definition of liability. The at-fault party could be:
- The Metropolitan Transit Authority Long Island Rail Road (MTA LIRR)
- New York & Atlantic Railway
- Any other railway operating on Long Island that was involved with the accident, whose actions or failures to act contributed to the accident or who otherwise have legal responsibility for the events that led to your injuries
To prove liability, our team must establish:
- A party (the railroad) had a duty to take reasonable steps to keep you protected from harm, danger, and injury.
- The party failed in this duty of care.
- This failure caused your accident and injuries.
- You suffered damages because of your injury.
Our personal injury lawyers at Friedman & Simon, L.L.P. on Long Island will prove fault and establish liability for your train accident case. Reach out to tell us about your case today and obtain a free, no-obligation case review. We will meet with potential clients anywhere in Suffolk or Nassau counties, or you are welcome to schedule an appointment at our office, conveniently located near the major highways and parkways of Long Island in Jericho:
Friedman & Simon, L.L.P.
390 N Broadway #210
Jericho, NY 11753
Complete a Free Case Evaluation form now
Injuries Resulting from Railroad Accidents
Victims in railroad accidents suffer a myriad of injuries, including:
- Cuts and lacerations
- Traumatic brain injuries (TBIs)
- Bone breaks (fractures)
- Bruises and contusions
- Spinal cord injuries (SCIs)
- Back and neck injuries
- Other musculoskeletal and neurological injuries
The stress of dealing with such injuries could also lead to psychological symptoms and illnesses. In addition, railroad accidents are traumatic events that can have a profound, negative impact on your mental health. Accident victims often suffer from:
- Post-traumatic stress disorder
- Suicidal thoughts or actions
When you seek compensation for the financial effects of the accident, you also have the right to recover damages for physical and emotional injuries. These are often more difficult to calculate an exact dollar amount for, but our team knows how to get you the money you need.
Railroad Workers and the Federal Employers Liability Act (FELA)
If you were a railroad employee when you sustained injuries from a train accident, FELA protects you. Lawmakers passed this act to compensate railroad workers who were hurt while working on the country’s developing railroads.
Like other types of negligence-based claims, FELA claims require proof that the railroad contributed to or caused your injury. Once our team establishes negligence and liability, we will seek the appropriate compensation based on your injuries and this federal law.
You are welcome to discuss your case regarding a FELA accident claim with our legal team in our Long Island office for free today.
Filing Your Claim in a Long Island Railroad Case
It is important that you begin the claims process early after your injuries occur. Deadlines are associated with filing a claim or suing the at-fault party after an accident. By working with our lawyer, you will be able to rest assured that these deadlines, and every other procedural aspect of timely filing your claim or action, are met.
In general, statutes of limitations set deadlines for suing an individual or company after this type of accident. These include:
- New York Civil Practice Laws & Rules §214 for personal injuries
- Estates, Powers & Trusts §5-4.1 for wrongful deaths
However, there are often additional deadlines and pressing timelines in these cases. This includes getting an early start to give your injury attorney the time to build a sturdy case and following the rules for holding a government agency responsible. The sooner you contact us, the greater our opportunity to build the strongest case possible on your behalf.
Talk to a Long Island Railroad Accident Lawyer from Our Team for Free
At Friedman & Simon, L.L.P., we believe you deserve compensation for the injuries you sustained in your train accident. Our Long Island railroad accident lawyers are eager to help. When you call our office, we have team members who will speak with you in Spanish, English, Bengali, Greek, Tamil, and Kannada, if you prefer.
Call us today. And remember, it costs nothing upfront to hire an injury lawyer. You pay us nothing unless and until you recover compensation.