3 FAQs about Filing a Train Accident Claim in Florida
Trains might have a reputation for being quicker, more convenient, and safer than most other forms of transportation, but even these reliable carriers are involved in wrecks. However, when a train derails, tips over, or collides with something else, the consequences are often far more devastating than a typical roadside crash.
If you were hurt in a train wreck, you may be able to file a personal injury claim to recover compensation for your injuries. Note: employees of railroad companies who are injured while working are governed by the The Federal Employers Liability Act (FELA). This article does not address injuries governed by FELA
In this article, we answer a few frequently asked questions to help provide information to anyone who may be considering a personal injury claim related to a train accident.
1. How Do I Prove Liability in a Train Accident Case?
To prevail in your case, you will need to establish who was at fault for the train accident and the cause of your injuries. However determining liability after a disastrous train wreck can be far more complex than in the case of a typical roadside crash.
Whether it was an equipment defect, distracted engineer, or crossing malfunction, determining the cause of a particular train accident can often take months or even years. In most cases, the Florida Department of Transportation will oversee this investigation into the incident, but that does not mean you do not need a legal team to perform an independent investigation.
For instance, if you were able to speak to any other passengers in the wake of the crash, you should write down their names and contact details to share with your attorney. Additionally, if you took pictures of the wreckage, these images could be useful to your case. An attorney can inform you of the different types of proof you might need to prevail in your claim.
2. What Damages Can I Pursue?
There are many kinds of damages available to accident victims in Florida, so it is important to take stock of the full range of losses you have suffered because of the wreck. Depending on the circumstances surrounding your case, you may be able to recover compensation for:
- Medical Bills
- Property Damage
- Replacement Services
- Lost Income
- Pain and Suffering
- Emotional Distress
3. What Steps Should I Take after a Train Accident?
You should always visit the doctor as soon as possible after a wreck if there is the possibility that you might have been injured. Taking this crucial step will ensure you receive prompt care for your injuries. Additionally, undergoing a comprehensive medical assessment may also help limit disputes when you file your claim. For instance, if you failed to seek treatment within a reasonable timeframe after the train accident, opposing parties might argue that you suffered your injuries in an unrelated accident.
Once you have taken care of your health, it is time to start thinking about your claim. Besides preserving evidence that could help demonstrate liability, you should also compile copies of any financial documents associated with your accident-related expenses as you will need these to prove your damages.
While it might be tempting to log onto social media to share the details of your crash, that is typically a bad idea. Ultimately, the carrier, defense lawyer, or insurer defending your claim may be able to use what you post as evidence to challenge your claim or credibility.
Discuss Your Situation with a Train Accident Attorney in Miami
If you were hurt in a train accident, it may be wise to reach out to an attorney as soon as possible. Attorneys at Viñas & DeLuca, PLLC can help guide you through the process, investigate you claim, and pursue compensation on your behalf. Visit our Contact Page or give us a call at (305) 372-3650 to obtain a free case evaluation with a Florida train accident attorney today.