Florida Train Accident Lawyers
Train accidents often lead to catastrophic damages and fatalities, making them particularly devastating. The railway system in the country is rather extensive which means that all the rail companies have plenty of resources to defend themselves in such cases. Train accident victims are entitled to recover a fair amount of compensation for the damages and losses they sustain. It is essential for the victims to seek legal help to fight the railway companies and to recover compensation to make this devastating ordeal endurable.
Causes of Train Accidents
Train accidents can be caused due to a number of different factors, including the following:
- An inexperienced driver
- Driver fatigue
- Reckless driving or speeding
- Driving under the influence of drugs or alcohol
- Mechanical issues
- Defective equipment
- Collision with another vehicle
- Derailment due to driver’s negligence
- Derailment due to someone else’s negligence
- Failure of train mechanism
- Damage to the rail tracks
Majority of the train accidents can be caused because of human error, defective products or maintenance issues. If the driver of the train or the owner/management of the train company is proved to be the negligent party in the accident that has led to minor to severe injuries, damage to property, and loss of lives, then they would be held liable to compensate the victims. Product liability can also be brought against the manufacturers or railway companies involved.
Common Train Accident Injuries
Numerous injuries and damages can occur due to a train accident. No matter what is the cause of the accident, minor to severe injuries may be sustained by the passengers of the train, passengers of other vehicles, pedestrians and/or property damage may also occur. Following are some of the common issues typically caused in a train accident:
- Internal injuries
- Significant abrasions or lacerations
- Severe disfigurement, scarring or burns
- Spinal cord injuries, including paralysis and nerve damage that can affect one body part or the entire body of the victim, which can result in quadriplegia or paraplegia
- Crushed or fractured bones
- Brain injuries, including traumatic brain injuries, head wounds, and mild concussions
- Permanent impairments
Certain injuries might not take days or even weeks to show symptoms, which is why it is highly advised to get medical attention to ensure there aren’t any life-altering or other severe injuries that might cause issues in the future.
Moreover, the physical impact of a train accident can also result in psychological and emotional trauma. In extreme cases, the strong impact and severe injuries sustained by the victims can prove fatal.
The Importance of Treatment in a Train Injury Claim
Whatever type of accident you or your loved one has been involved in, it is important to get proper medical care immediately to avoid any potential health issues and to get treated for the injuries sustained, no matter how minor it may seem. Aside from the health point of view, many individuals don’t understand the impact of immediate treatment or lack of it can do to their case and the amount of monetary compensation they may receive.
Delaying the treatment might contribute negatively to the claim you would make. While, each and every accident doesn’t require emergency medical care nor do each and every victim, it is still important to seek medical attention as soon as you possibly can after the accident.
The symptoms of certain injuries may start appearing days and even week after the injury was sustained. Moreover, waiting for weeks to get medical attention might also worsen the injuries leading to life-altering issues, which could have been easily avoided. Furthermore, if you wait days and weeks after the accident to get treatment, the defendants might argue that the injuries weren’t severe and might even try to prove that they were caused after the accident. This can drastically alter the monetary value of the compensation you might recover.
Filing a Wrongful Death Claim after a Train Accident
In extreme cases, a train accident can result in fatalities, which can lead to wrongful death claims. When a life is lost due to the negligence of others then it is considered a wrongful death. In this case, the dependants and family of the deceased are entitled to monetary compensation from the defendants. As per the law, the dependants of the deceased victim are entitled to be compensated for the following losses, depending on their situation:
- Loss of consortium (mentoring, companionship, affection, love, and more)
- Services provided (childrearing, housekeeping, income, and more)
- Loss of financial support
- Past, current and future loss of wages
- Funeral expenses
- Medical costs during the treatment of the deceased
Other factors may or may not affect the wrongful death claim. It is best to seek legal guidance from a qualified team of personal injury lawyers to ensure maximum monetary compensation for the losses sustained by the family of the deceased.
The Statute of Limitations in Florida
The statute of limitations indicates the timeframe in which a victim is allowed to file a lawsuit against the negligent party for the sustained damages and injuries. If the claim isn’t filed within the specified timeframe, you won’t be allowed to pursue any kind of legal action against the negligent party. However, some exceptions do apply depending on the cases.
For train accidents, Florida’s statute of limitations allows up to four years from the date of the accident to the victim to file a case against the negligent party. In case of a wrongful death claim, Florida’s statute of limitations allows up to two years for the family of the deceased to file a case against the negligent party.
Therefore, it is best to consult an experienced personal injury lawyer if you or your loved ones have been victims of a train accident or other negligent cases. Contact Shiner Law Group immediately and get a free evaluation of your negligent case. Our highly qualified and experienced legal team will thoroughly inspect your case and prepare a strong claim on your behalf. They will ensure you get the fair compensation you deserve for the damages and losses you sustained as a result of the train accident.