Trains are fast-moving and incredibly heavy automobiles that traverse great lengths of the country at a time. At any point, they may be holding hundreds of thousands of pounds in cargo or cars filled with people. Unfortunately, as with any other form of automobile or motorized vehicle, accidents may occur. In the case of a train accident, the outcome can be deadly.
The National Highway Safety Administration has found that victims of accidents involving a train are nearly 20 times more likely to die than in accidents involving another motor vehicle. If you are involved in a train accident due to the negligence of another, you are owed damages for your injuries. Whether or not they are catastrophic, it is in your best interest to call and speak with a knowledgeable personal injury attorney about your options today.
What Should Victims Do After a Train Accident?
After seeking the appropriate medical attention, it is in your best interest to reach out to a dedicated personal injury lawyer with extensive knowledge of the personal injury system. From there, your attorney will advise you on the best course of legal action to take, most likely involving filing a claim for damages. Your attorney will take over from here, allowing you to focus on resting and recovering from your accident. To ensure you meet the deadline imposed by Utah’s four year statute of limitations, it is recommended you contact an attorney as soon as you can.
Evidence will be gathered and assessed so a liable party may be found and held accountable for their actions. In the case of a train accident, this can range from the conductor to the railway company. A personal injury claim will be filed with the negligent party’s insurance company and from there, a settlement will be negotiated with your attorney. If the settlement is unworthy of your losses, you and your attorney may make the decision to take your case to court.
What Damages Are You Entitled to After a Train Accident?
As the victim of a train accident, Utah entitles you to file a claim for damages for your losses. This is broken into different subcategories, including:
- Economic damages: For the tangible losses associated with your accident, you can receive economic damages. This includes compensation for medical bills, emergency hospital visits, prescription medication costs, rehabilitative therapy, physical therapy, and lost wages due to missed work.
- Non-economic damages: Suffering injuries in a train accident caused by someone else’s recklessness can result in emotional trauma, including anxiety, physical pain, depression, and more. Non-economic damages are here to help compensate you for those losses.
- Punitive damages: When your train accident is deemed to have resulted from gross negligence, your attorney may fight for you to receive punitive damages. These are not based on your injuries but instead are a fee for the negligent party’s blatant disregard of their duty of care.
There is currently a damage cap in Utah on noneconomic damages for the amount of $450,000.
Consult With a Dedicated Attorney About Your Rights Today
Feller & Wendt is here to help you steer your life back on the right track. Nobody should have to pay for the reckless behavior of another. With our team on your side, you will receive people-first care, meaning you will have a dedicated and compassionate attorney there with you every step of the way. From the very first consultation to the final settlement agreement, we are here to make your experience as stress-free and painless as possible.