Laguna Niguel Train Accident Attorneys

Nobody expects to suffer devastating injuries in a train crash. Unfortunately, despite the technologies and protocols that are in place to prevent these wrecks, they still happen. If you were harmed in such a scenario, our train accident attorneys in Laguna Niguel can help you plot the way forward. Contact our office today at 1-800-GO-HARRIS for a free consultation. We are available 24 hours a day, 7 days a week to take your call.

Important Terms to Know When Filing a Personal Injury Claim

From collecting evidence to filing the claim to navigating litigation, making sense of all the steps involved in a personal injury case can be incredibly confusing. Our train accident lawyers in Laguna Niguel will do everything in their power to be accessible to you when you have questions. Whether you want updates on the progress of your personal injury claim or you have questions about specific legal proceedings, we will make every effort to return your calls and emails promptly. Although we will handle the logistics of your case, it may help quell some of your anxiety to learn about the proceedings. Getting familiar with the claims process can help it all feel a little less daunting. Let’s take a look at a few terms you may encounter over the coming weeks:

• Negligence: When one party breaches the duty of care owed to another party, this is called “negligence” in tort law. Negligence is the basis of most train accident cases.

• Pure Comparative Negligence: If two or more parties share fault for an accident, each is apportioned a specific percentage of fault. And if you, the plaintiff, were at all liable for causing your injuries, your financial award would be reduced by a percentage representing your share of fault. In California, even if the plaintiff is 99 percent liable, this does not bar them from recovery—hence the “pure” in “pure comparative negligence.”

• Compensatory Damages: These are the economic and non-economic losses stemming from a party’s wrongful action or negligence. They can include but are not limited to healthcare costs, property damage, lost income, home modifications, and pain and suffering.

• Discovery: When a dispute arises and parties are unable to resolve the dispute through negotiations, your case may proceed to litigation. Discovery is the first stage of litigation. Essentially, discovery is an opportunity for lawyers on either side to obtain evidence and information from the other parties involved and to take depositions. For instance, an attorney representing the insurance company may file a discovery request to view posts you made on your social media account, or your attorney may file a subpoena to obtain documentation regarding the maintenance of the train track or locomotive.

What Damages Might Be Recoverable After a Train Accident?

Depending on the circumstances, you may be entitled to compensation for both non-economic and economic damages. It may also be possible to obtain punitive damages. The types of damages you should pursue and their potential value will depend on the specific facts surrounding your case. Below we’ve listed a few kinds of damages our Laguna Niguel train accident attorneys may be able to help you pursue:

• Lost Earnings: If you were unable to return to work due to your condition or injuries, lost wages may be recoverable. If the injuries limit your ability to work in the future, our lawyers can help you pursue compensation for loss of future wages. In some cases, we may call on vocational and economic experts to provide deposition regarding reduced work capacity.

• Past and Future Medical Expenses: With the cost of medical treatments, prescription drugs, and rehabilitation piling up, a fair settlement may go a long way to help alleviate this financial burden. Our Laguna Niguel train accident lawyers can help you account for all medical expenses that you’ve incurred and additional costs you’re reasonably certain to incur down the line.
• Other Economic Damages: Child care, alternative transportation, and home and vehicle modifications may all be recoverable.

• Non-Economic Damages: If you sustained a severe injury, it’s likely that you could seek compensation for pain and suffering and other non-economic damages.
• Punitive Damages: What was the cause of the train accident? If an investigation reveals that the defendant acted with malice, oppression, or fraud, it may be possible to obtain punitive damages. Our lawyers have extensive experience and a track record of success helping clients pursue punitive damages.

Speak with a Laguna Niguel Train Accident Lawyer Today

If you intend to bring a train accident claim, there’s no substitute for the guidance of a seasoned legal professional. You can reach us anytime, day or night, by calling our 24-hour phoneline at 1-800-GO-HARRIS. You can also reach us by sending an email. The consultation is free, and we accept these cases on a contingency fee basis.