Injured in a train or railyard accident?
Take time to understand your rights and the risks you face, but don't wait to consult with qualified counsel.
If you or a family member have been injured or killed in a railroad or railyard accident, the complexity of events occurring in its aftermath can be overwhelming when you are rightly distracted by priorities of caring for yourself or your injured loved one. The information below may help you focus on the most important issues that will arise in the hours, days, and weeks that follow the accident.
Your first priority should be to get the best hospital and medical care available to treat what may be catastrophic, life-threatening injuries. Injuries resulting from train related accidents are almost always very serious and frequently are life-threatening. The best hospitals and best doctors can give the greatest chance for survival and successful recovery.
Your next priority should be to consult with an experienced railroad accident lawyer who is qualified to represent the injured victims of a train accident. Don't delay this action. Take advantage of a free initial consultation with competent railroad attorneys. Even if you decide not to engage legal representation, things you learn in your first contact with a qualified attorney may impart crucial knowledge that you can't afford to be without.
Take care not to simply hire the first lawyer who appears after your accident. Although laws exist to prevent lawyers from directly soliciting your business, there are unfortunately a few "ambulance chasers" who will do it anyway. Those who practice that way may not be the best lawyers, and you'll want to retain the most professional law firm that will handle your case the best. Without making that decision yourself and on your own terms, you might agree to engage someone less qualified when they are standing before you making promises or claims that sound good at the moment you are dealing with your stress and grief.
Focus on your rights and those of your family. When a railroad accident occurs there are numerous competing interests, most of whom will not have your own best interests in mind. There are government and police investigations that must take place. There will likely be field investigations initiated by the railroad company, its insurance companies, and their lawyers. There will be lots of questions and most will be for the purpose of establishing blame or liability for the accident and consequential injuries or deaths. It is better for you and your family to have a legal and professional buffer-- someone who can help with those situations so you can focus on your family, their care, and recovery. Someone has to field questions and manage the demands of field investigations— make that someone you know to be a quality representative— a quality law firm who will handle those things with your interests as their priority.
Don't be fooled into giving up your rights. Don't talk to an investigator without first talking to an attorney, even if choose not to retain representation. There are liability issues that you should be aware of and when an investigator asks a question, they may ask in ways that cause you to think you know what you're answering, when in fact, a careless answer could saddle you with liability or negatively impact your ability to prove the liability of others. Liability is always a factor in train accident cases, and proving it is almost always a fight— trains always have the right of way. Don't make the mistake of incorrectly answering questions you don't fully understand.
Consider your financial needs. Accidents involving trains are almost always catastrophic in nature and victims often require very costly immediate and future care. The limits of a typical health insurance policy may not be sufficient to meet that level of need and additional insurance may be impossible to obtain. If you or your loved one survive the accident, medical expenses can easily be in excess of insurance limits. Don't unwittingly give the railroad company or others who may be responsible for the accident a means of escape from liability. Be informed, know your rights, and get help from experienced railroad accident lawyers.
Injured railroad workers should immediately seek care from a doctor of their own choosing—not a company doctor. Next, you should contact a qualified FELA lawyer who understands both railroad claims and toxic exposure injury cases. At minimum, you should consult with a FELA attorney prior to completing your disability applications for sickness benefits through the Railroad Retirement Board. Because rail workers don't pay into conventional social security or other 'normal' benefits systems, if an injured worker can't return to work, they can't apply for normal disability or social security because they won't qualify. All benefits— sickness, longterm disability, etc.— are paid through the Railroad Retirement Board. Having skilled representation from a lawyer familiar with FELA and the Railroad Retirement Board and benefits it administers will help to ensure that your claim is successful and the benefits provided are adequate for your needs.
For a free consultation, contact a FELA & Railroad Injury Attorney at Arnold & Itkin LLP by calling toll free (866)222-2606 or by submitting the form at the top of this page.
