Stockton Train Accident Attorneys
Stockton Train Accident Attorneys
There are all sorts of factors that can complicate a train accident claim. If you were seriously injured or lost a family member, you can expect the defendant and their insurance company to search for any possible reason to dispute your case. Our train accident attorneys in Stockton have many decades of experience helping clients navigate the legal system, and we won’t settle for anything less than you deserve. You probably have many questions about your case and the relevant laws and proceedings. During your free consultation, a member of our team can answer your questions and provide the guidance you need to make informed decisions. If you decide to hire our law firm for representation, we will conduct an immediate investigation and will provide aggressive and compassionate representation through every stage of the proceedings. To schedule a case evaluation, call us today at 1-800-GO-HARRIS.
We Won’t Let the Insurer Take Advantage of You
The path to a fair settlement is often riddled with legal hurdles that can be difficult to overcome without the help of a highly skilled and experienced attorney. For example, much of the evidence needed to strengthen your case might be time-sensitive and difficult to access without applying legal pressure. Also, there are a multitude of defenses that might be asserted against your claim, and the best way to counter these defenses will depend on the particular facts of your case. Our train accident lawyers in Stockton are well-versed in the tactics used by insurance companies to protect their bottom line. Below are just a few of the common defenses asserted against train accident claims:
- The Plaintiff Failed to Mitigate Damages: This defense might be used if you have done something that had the potential to aggravate your injuries or prolong your recovery. For instance, the opposing party might contend that you have failed to mitigate damages if you waited several weeks to visit a doctor or ignored the instructions of your healthcare providers. Our train accident lawyers in Stockton may be able to overcome this defense using your medical records, the deposition of your treating physician and retained medical experts, and other evidence.
- The Damages Were Caused by a Preexisting Medical Condition: If you had a preexisting injury or illness, there’s a chance that a dispute will arise regarding causation. You will only be able to pursue damages that were caused by the tort, which means any medical bills and other costs arising from a preexisting condition will not be recoverable. However, it may be possible to recover damages for the aggravation of a preexisting condition. Our train accident attorneys in Stockton have extensive experience in cases involving causation disputes. We know how to use medical records and medical expert deposition to counter this defense.
- The Damages Calculations Are Inflated: The formulas used to calculate damages in a personal injury or wrongful death case are complicated. This is especially true in cases that involve permanent disability. The defense might disagree with your attorney’s calculations for loss of future income or the cost of anticipated medical bills. To prevent or counter this defense, your lawyer can base the calculations on input from well-credentialed financial and medical experts, and may bring in such experts to provide deposition if your case proceeds to discovery.
What Damages Might Be Available After a Train Accident?
The answer to this question depends on the kinds of injuries you sustained, their severity, how they have impacted your life, whether punitive damages are warranted, and a variety of other factors. Unfortunately, the insurance company’s first settlement offer might undervalue certain damages or exclude them entirely, so you should never accept a settlement without the approval of your attorney. Depending on the circumstances, you may be able to recover both economic and non-economic damages. These refer to the objectively verifiable financial losses you have incurred and are expected to incur in the future as a result of the accident (economic damages), as well as the subjective consequences that the accident is having on your life and perhaps on the life of your spouse (non-economic damages). The list below provides an overview of the economic and non-economic damages that might be available after a train accident in California:
- Medical costs,
- Lost income,
- Loss of future income,
- Property damage,
- Other economic damages,
- Emotional distress,
- Loss of enjoyment of life,
- Pain and suffering, and
- Loss of consortium.
Punitive damages may be available if the defendant acted with malice, oppression, or fraud.
Speak with a Train Accident Lawyer in Stockton Today
Our phone line is open 24 hours a day to take your call. The sooner we are able to investigate your case, the better the chance that time-sensitive evidence will still be available. To schedule a free consultation, call 1-800-GO-HARRIS or send us a message HERE.