Passenger trains are a cost-effective and environmentally friendly way to travel. Whether it’s a long-distance trip to visit family or a simple commute to the next town, the last thing on your mind as you board the train is getting into a severe accident. Trains are long and heavy vehicles that can result in serious injuries to the passengers and all parties involved.
If you have been involved in a train and railroad accident due to negligence on behalf of another, you are owed damages for your injuries. At Sweeney Merrigan Personal Injury Lawyers, we deeply understand that sometimes financial compensation is the only way to truly start anew after your accident, and that’s why we fight so diligently for you. To schedule an appointment with a dedicated Massachusetts train and railroad accident attorney today, please call our office at 774-341-5778 or use our contact form.
What Damages Are You Entitled to After Your Train & Railroad Accident?
When you are involved in an accident due to somebody else’s negligence, whether it be the train conductor, the train manufacturer, or a problem with the railroad tracks, you are entitled to damages for your suffering. In Massachusetts, victims are eligible to receive the following:
- Economic damages: Economic damages cover the cost of tangible losses, such as missed wages due to the inability to work, past, present, and future medical bills, rehabilitative therapy, physical therapy, and more.
- Non-economic damages: This is compensation for intangible losses, like pain and suffering, loss of a loved one, and endured depression or anxiety as a direct result of the accident.
Train accidents can range in severity, and the injuries can be catastrophic. Injuries are not limited to those on the train, as the accident can easily affect neighboring communities, homes, and people. Fires or explosions can result from the accident, which can cause long-lasting damage to the victim’s lungs. To ensure your settlement reflects the true cost of your injuries, it’s important you don’t try to file your claim alone. Without a dedicated attorney by your side, you are likely looking at a low settlement that doesn’t properly cover your losses.
How a Massachusetts Train and Railroad Accident Lawyer Can Help
When you hire a representative from Sweeney Merrigan Personal Injury Lawyers, you are hiring someone to take care of the following while you focus on rest and recovery:
File a Claim
Massachusetts currently has a three-year statute of limitations for all personal injury claims, including train and railroad accidents. Hiring an attorney with extensive knowledge of the deadlines and paperwork required for a personal injury claim means you don’t have to worry about your claim being dismissed or filed incorrectly. The sooner you file your claim, the better, as you are more likely to have usable evidence and witnesses. The further you get from the date of your accident, the easier it is to dismiss eyewitness accounts and other forms of time-sensitive evidence.
Gather Evidence
To establish liability and prove negligence on behalf of the at-fault party, your Massachusetts train and railroad accident lawyer will investigate the circumstances surrounding the train accident. From there, evidence will be collected and assessed with the goal of using it in court. Admissible and relevant evidence for a train accident can include:
- Photographs of the accident
- Video footage of the accident
- Traffic camera footage
- Eyewitness testimony
- Manufacturer reports
- Police reports
- Medical records
- Expert testimony
If possible to safely do so, it is recommended you attempt to gather photos and video from the scene of the crime. If you were unable to do so, your attorney will work to piece together the accident through different forms of data and information.
Establish Liability
Liability is established through the four components of negligence, including:
- Duty of care
- Breach
- Causation and damages
For example, a train manufacturer must ensure the vehicle is okay to operate before actively taking passengers. The passengers are owed a safe ride from Point A to Point B, and when the train breaks down due to a malfunction, this is considered a breach of the duty of care. When this breach occurs and results in an accident and injured passengers, the manufacturer may be found liable and held accountable for their recklessness.
Speak to a Massachusetts Train & Railroad Accident Lawyer Today
When it comes to getting the outcome you deserve for your train and railroad accident claim, look no further than Sweeney Merrigan Personal Injury Lawyers. Our team has helped recover hundreds of thousands of dollars for our local community and has devoted decades to personal injury claims. Our co-managing partner, Peter M. Merrigan, has been recognized by outlets such as Super Lawyers as a Rising Star.
For a look at how our Massachusetts train and railroad accident attorney can help your case today, give our office a call at 774-341-5778 or use our online contact form.
