Fountain Valley Train Accident Attorneys

California’s expansive railway networks connect many of the state’s biggest metros and suburban areas, making taking the train a convenient way to get from A to B. However, while accidents are rare, collisions and other on-the-rails mishaps still do happen. Victims often suffer serious injuries and require long-term medical care. If you were injured while using one of the state’s many public transport networks, turn to our Fountain Valley train accident attorneys for legal guidance and tenacious representation. If you’re unable to visit our offices, we can come to you. Our legal team is available 24/7. Call 1-800-GO-HARRIS to get started.

Important Terms to Know When Filing a Train Accident Claim

Filing a personal injury claim can be intimidating—especially when you’re going up against the railway company and their insurer. To make matters worse, indecipherable jargon and complex terms are commonplace in these types of cases. For many claimants, it can feel like learning a second language. While your attorney can help explain these terms and how they relate to your case, adding a few key terms to your vocabulary right now could help you make better sense of the claims process. Here are a few common terms you might encounter during proceedings:

• Negligence: In tort law, a party is deemed negligent if they did not take the reasonable steps that someone of ordinary prudence would’ve taken in the same situation. Even if the defendant didn’t intentionally harm the plaintiff, they can still be held liable for the defendant’s damages due to their carelessness.
• Duty of Care: Individuals and entities have a legal obligation to act with reasonable care. To win a personal injury claim, you will have to show that the at-fault party owed you a duty of care and that they breached their responsibility. For instance, if you were injured in a train accident, and it emerges that the train driver made mistakes because he/she was distracted, your attorney may assert that the driver breached the duty of care owed to you by not looking out for potential hazards.
• Maximum Medical Improvement: You will often see this term abbreviated as “MMI”. Simply put, this term refers to the point in your recovery at which your injuries have healed, or your condition has improved, as much as your healthcare providers expects them to. This might mean you’ve recovered fully, or it could mean that you will live with ongoing complications for the remainder of your life. Your lawyer may recommend postponing settlement negotiations until you’ve achieved MMI so you don’t end up underestimating your medical expenses, repair bills, and other losses.
• Causation: If liability represents the negligent actions of the at-fault party and damages refer to your losses after the accident, causation is the thread that ties these two elements together. In other words, your lawyer will have to establish causation by showing that you would not have incurred these damages had the accident been avoided. A prompt diagnosis can help connect your injuries to the incident. Evidence gathered from the scene, such as photos of your injuries, can also help show that your damages stem from the accident.

Can I Use Social Media After I File My Claim?

Whether it’s a graduation, birthday, or just a mouthwatering meal, sharing life’s highlights—and lowlights—on social media has become second nature for many of us. As such, after the accident, you might also be tempted to post about this harrowing experience. However, this short-term release could saddle you with long-term problems if you’re planning to file a personal injury lawsuit. Any posts you publish after the train accident could be used by the train company and their insurer to reduce or deny your claim. We might advise you to disable your social media profiles until your claim is resolved. If it’s not possible for you to take this step, here are a few ways you can protect your claim next time you’re on social media:

• Reject New Connection Requests: Whether you’re gathering followers or expanding your social circles, you may be used to accepting friend requests without a second thought. However, if you’re planning to file a claim, an absent-minded approach might sink your chances of recovering a favorable settlement. That next invite could be from someone working with the insurance company, and accepting their request could give them free rein to pore through your profile to find any posts that could be used to challenge your claim. As a rule, you should not accept new friend or follow requests until your case is resolved.
• Avoid Discussing the Accident: Train accidents often make the news, so family, friends, and journalists alike will be curious about what happened. However, you should never discuss the accident, your injuries, or the claim online. Any comments could be misrepresented or taken out of context to dispute liability, causation, and damages. Even if your account is set to “private”, it may still be possible for the insurer to gain access to your content. For instance, the defense might be able to file a request during discovery to view posts you’ve published on your page.
• Do Not Post Images of Yourself: Recovering from a serious injury can be a long, painful, and challenging journey. Most of the time, you may be gritting your teeth against the pain. Occasionally, those dark days can give way to brighter moments: A day at the park with your family, a good meal at a favorite diner, or spending a few hours enjoying a hobby. Understandably, you might want to snap a few pictures to preserve the memories and share these happy moments with friends. However, putting these images online could put your financial future at risk. The claims adjuster may use these pictures as evidence to challenge aspects of your claim. For instance, images of you engaging in physical activity could be used to assert that you ignored your doctor’s orders to rest and thus failed to take reasonable steps to mitigate damages. In such cases, you may be held liable for any additional damages.

Call 1-800-GO-HARRIS to Speak to a Fountain Valley Train Accident Lawyer

A train accident can have a devastating effect on your financial, psychological, and physical well-being. Our attorneys are here to help you pick up the pieces and recover the funds you need to get your life back on track. Call 1-800-GO-HARRIS or swipe through to our Contact Page to book a free case review.