When a train wreck causes an injury or death, the victim or surviving loved ones may have grounds for a negligence claim against the train owners, operators, or another party. Unfortunately, recovering fair compensation in a train accident claim can be challenging because the insurance company will search for any possible reason to dispute liability and damages. One minor mistake could be all it takes to derail your case.
The Monterey train accident lawyers at Harris Personal Injury Lawyers are here to help you pursue the compensation you need to cover medical bills, lost income, and other damages. Our attorneys have decades of combined experience and have won more than $300 million for clients.
Your initial consultation is free, so you have nothing to lose by speaking with a member of our team. Call us today at 1-800-GO-HARRIS to set up a case assessment. If you cannot come to us, we will come to you.
Types of Train Accident Claims We Handle in Monterey, California
Train accident claims are a subset of personal injury law, but that doesn’t mean you can hire just any personal injury attorney and expect high-quality representation. It is important that you find a lawyer who has a track record of success in train accident cases and is well versed in the laws and procedures that govern these claims.
At Harris Personal Injury Lawyers, we have the experience, resources, and legal strategies to represent clients in train accident cases arising from:
- Accidents between trains and passenger vehicles;
- Accidents caused by equipment defects;
- Accidents between trains and pedestrians;
- Accidents resulting in wrongful death; and
- Multi-train accidents.
Who Might Be Liable for My Damages?
The success of your claim will ultimately hinge on the strength of the evidence available to prove liability and damages. After we have determined that your case has merit, one of our Monterey train accident lawyers will conduct a thorough investigation to identify the proximate cause of the wreck and determine who might be financially accountable for your injury or loss.
Depending on the circumstances, the following parties might be liable for damages after a train crash:
- The company that owned or operated the train might be liable if it failed to maintain the equipment, trains, or rail cars. The owner or operator could also be liable if it failed to provide adequate supervision or training to employees or hired employees who lacked essential qualifications.
- The company that manufactured the train or its parts may be liable if the crash was caused by a defective or malfunctioning part.
- If a passenger vehicle was left on the tracks, the driver of that vehicle might be held liable.
Even if it is clear what caused the wreck and who is liable for your injury or loss, your Monterey train accident lawyer will still have to prove the types of damages you incurred (and will incur in the future) as well as their value.
Depending on the facts surrounding your case, your attorney might use the following evidence to prove damages:
- Medical documentation;
- Diagnostic imaging;
- Financial records (tax returns and pay stubs);
- Receipts and invoices for home and vehicle modifications to accommodate your injuries, as well as any other expenses you have incurred as a direct result of your injuries;
- Photos of injuries;
- Your daily journal about how the injuries have affected your life; and
- Testimony from medical, financial, and vocational experts.
Potentially Recoverable Damages in Monterey Train Accident Claims
Due to their size, weight, and speed, trains can cause immense damage in the event of an accident. As a result, those who are injured in these wrecks often incur substantial medical bills and are forced to take time off work to recover.
Fortunately, you may be able to recuperate these losses by filing a personal injury or wrongful death claim. Depending on the facts surrounding your case, you may be entitled to the following damages:
- Lost wages;
- Loss of earning capacity;
- Healthcare bills;
- Property damage;
- Other objectively verifiable losses like alternative transportation and home care;
- Pain and suffering;
- Loss of consortium;
- Loss of enjoyment in life; and
- Emotional distress.
If the liable party acted with malice, fraud, or oppression, exemplary damages (or “punitive” damages) may also be awarded. These are intended to punish the wrongdoer and deter similar misconduct in the future.
Speak with a Train Accident Lawyer in Monterey Today
If you are dealing with serious injuries or a wrongful death in the family due to a train accident, contact the seasoned legal team at Harris Personal Injury Lawyers. Our attorneys will aggressively represent your interests through every stage of the proceedings.
Time is of the essence in any train accident claim because there are strict deadlines for filing tort lawsuits in California, and essential evidence may eventually disappear. To set up a free consultation, fill out our contact form or dial 1-800-GO-HARRIS.
CONTACT A MONTEREY TRAIN ACCIDENT LAWYER
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