A train accident can be a more devastating experience than a standard automotive accident due to more complex legal issues and potentially more severe injuries. Here are some common questions we hear from clients who have been in these situations.
Who Can Be Held Liable For Injuries Caused By A Train Accident In New Orleans?
The most common defendant in a train accident is the railroad company because they’re responsible for ensuring proper maintenance of the tracks, trains, and safety systems.
If the accident was caused by human error or negligence, it’s possible for the train’s operator or maintenance crew to be held responsible.
The short answer is that liability for injuries caused by a train accident is determined by the cause of the incident, and that is determined by a detailed investigation.
What Steps Should I Take Immediately After Being Injured In A New Orleans Railway Accident?
The most important thing you can do after being injured in a train accident is to make sure you seek immediate medical attention. Even if you do not have any physical injuries and do not feel any pain, it’s very possible that you could experience issues down the line.
The next step would be to document the scene for evidence. Take photos or videos, and make sure you collect contact information from other victims at the scene. You might never speak to them again, but you never know what will come up later or if it will be important for your future case.
How Do Federal And Louisiana State Laws Apply To Railroad Accident Claims?
A train accident in Louisiana is subject to both federal and state laws.
The Federal Railroad Administration has specific standards in place for safety that all railroad companies must follow. Any injuries that occur as a result of a train accident fall within the scope of state personal injury law.
For more information on how these laws could impact your case, you should contact a local attorney who will be able to go over the specific details of your case and help you understand your rights.
What Compensation Can Victims Of Train Accidents In New Orleans Seek?
If you’ve been injured in a train accident, you may pursue compensation for medical expenses, both present and future. You may also seek compensation for lost wages due to missed work and potentially loss of earning capacity.
In some situations, you may be entitled to receive compensation for pain and suffering or emotional distress. Every case is different and you should consult with an attorney to find out what damages you might receive from a successful case.
How Long Do I Have To File A Train Accident Injury Claim In Louisiana?
In Louisiana, the statute of limitations for filing a Personal Injury Claim is one year from the date of the incident.
It doesn’t matter if it’s an Automotive Accident or a train accident; if you want to seek compensation, you need to initiate legal action within that time period or forfeit your chance to recover damages.
Although you have a full year to file your claim, it’s highly recommended that you start the process as soon as possible. Evidence has a way of fading over time and you do not want to lose your case because you waited too long to seek legal representation.
When you’ve been in a train accident and you don’t know where to turn, you need to seek experienced legal representation. Gertler Law Firm is standing by to provide aid and get you on the road to recovery with confidence.
To schedule a Free consultation, call us today at (504) – 581-6411.