Long Beach Train Accident Attorneys

A train accident is one of those nightmarish scenarios we hear about on the news but never think could actually happen to us. The truth, however, is that hundreds of people die and thousands are injured every year in these crashes. If you intend to bring a personal injury or wrongful death claim against a railroad company or another party, our train accident attorneys in Long Beach can help you navigate the proceedings and fight for the highest possible settlement.

Obtaining fair compensation in these cases often involves a contentious legal battle. The opposing party’s first settlement offer might not be fair, and it may be necessary to enter litigation. Our trial lawyers have a track record of success both in and out of court, and they will make sure you are well-represented through every stage of the proceedings. To set up a free case review, dial 1-800-GO-HARRIS.

Why Might the Opposing Party Dispute the Value of My Claim?

Train wrecks tend to leave severe injuries and death in their wake. As such, the at-fault party or their insurance company may face a considerable number of claims after a single crash, and the total damages pursued could easily add up to hundreds of thousands of dollars or more. That means the opposing party will have plenty of incentive to dispute every claim that comes their way.

When there is a lot of money on the line in a personal injury case, it is common for the liable party to dispute the settlement calculations. Below are just a few arguments the defense might make—depending on the circumstances—to dispute your damages:

  • Your Injuries Are Not That Serious: The more severe your injuries, the higher the potential value of your claim will likely be. Not only do serious injuries typically require more expensive medical care, but they might also put you out of work and warrant greater compensation for pain and suffering and other non-economic damages. It is important that you avoid doing and saying things that indicate your injuries are less severe than they actually are. For example, if you post a photo on social media of you going out with friends after the accident, the insurance adjuster might use it to argue that if your injuries were as serious as you are claiming, you would not have been able to participate in such activities. You should also avoid speaking to the insurance company because you might be asked leading questions that are intended to elicit responses that can be used to dispute the severity of your condition.
  • You Are Seeking Damages You Did Not Incur: Personal injury victims in the state of California have the right to seek compensation for the economic and non-economic damages they incur due to the tort. In order to recover compensation for the damages you are claiming, you will need strong evidence to prove the existence of such damages and their value. For instance, you may not be able to obtain compensation for lost income if you were unemployed at the time of the accident and you made a full recovery within a couple of weeks. And if the injuries have not affected your income-earning capacity, you may not be able to collect compensation for loss of future income. However, just because the opposing party says you did not incur the damages you are claiming does not mean they are actually right. Our train accident lawyers in Long Beach can compile all available evidence and bring in expert witnesses and percipient witnesses if necessary to prove the kinds of damages you have incurred and their value.
  • Your Estimates for Future Damages Are Inflated: Victims of serious injury may never make a full medical recovery. For this reason, California law allows personal injury plaintiffs to pursue compensation for future damages if such damages are reasonably certain to be incurred; however, calculating such damages can be complicated. For example, proving the value of lost future earnings might require the deposition of an economist, and it may be necessary to depose various medical experts to prove the value of your future healthcare costs. Our Long Beach train accident attorneys have extensive experience helping clients obtain compensation for future damages, so we know the most effective tactics to employ in such cases.
  • You Have Failed to Mitigate the Damages: Have you participated in activities that were likely to aggravate your condition? Have you missed doctor’s appointments? Did you return to work too early? If you have done anything that had the potential to aggravate your injury or prolong your recovery, the opposing party might contend that you have failed to mitigate your damages and that your financial recovery should be reduced as a result. Our train accident attorneys in Long Beach can help you understand how to avoid such disputes so you can make informed decisions while your case is pending.

 

Speak with a Long Beach Train Accident Lawyer Today

You can reach us 24 hours a day, 7 days a week by calling 1-800-GO-HARRIS or sending us a message HERE. Your consultation is free, and you won’t have to pay a retainer to take advantage of our legal services.

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