Someone is struck by a train in the United States every three hours. Whether you were injured on the job while working for the railroad or sustained injuries in a train accident, your harm was likely serious and possibly life-altering. Recovery from railroad injuries can take considerable time, leading to lost wages and increased medical treatment and rehabilitation expenses.
Railroad injury lawyers in Prairieville can provide guidance in handling these complex cases. At Tomeny | Best, our team of experienced personal injury attorneys understands how to protect your rights and secure the compensation necessary for you and your family’s future. With the proper legal support, each step of your journey is managed effectively, allowing you to focus on your recovery.
Proving Negligence After a Railroad Injury
To succeed in a personal injury claim, an injured person (plaintiff) must be able to establish negligence. This means proving someone else violated their duty of care to act as a reasonable person would under the same circumstances, and that this failure was the direct cause of an accident and resulting injuries and losses. For instance, negligence could involve a railroad company or its employees disregarding safety signals, failing to maintain tracks or equipment, or not providing adequate training to personnel.
Navigating these complexities is challenging for plaintiffs without the guidance of a trusted lawyer. A Prairieville railroad injury attorney could thoroughly investigate the accident’s circumstances. They will use their expertise to gather, analyze, and preserve all relevant evidence, including police reports, railroad documents, photos of the accident scene, and witness testimony.
What Kind of Compensation Is Available in Railroad Injury Cases?
Compensation in railroad injury cases typically falls into three categories:
- Special Damages: These are the financial losses resulting from your injuries, including past and future medical expenses, lost wages, property damage, and lost future earnings.
- General Damages: This category encompasses compensation for subjective losses like pain and suffering, emotional distress, loss of enjoyment of life, and loss of companionship.
- Punitive Damages: These damages are awarded to punish the defendant for gross negligence or intentional misconduct. They are provided in addition to special and general damages, but are more rare and only allowed in certain scenarios. A knowledgeable Prairieville attorney could help you understand which types of compensation you may pursue after a railroad injury.
What Are the Rail Company’s Possible Defenses?
Railroad companies may assert several defenses to deny liability for a plaintiff’s injuries. They might argue that they owed no duty of care to the plaintiff—such as in cases involving trespassers—or claim they acted with reasonable care. Additionally, they may assert that their actions were not the legal cause of the injuries sustained.
Insurance companies often attempt to shift blame to the injured party through a defense known as comparative negligence. In Louisiana, even if a court finds the plaintiff partially at fault, they may still be entitled to compensation for their injuries. A Prairieville railroad injury attorney could help an injured person defend their claim against these common tactics.
Call a Railroad Injury Attorney in Prairieville Today
Railroad accident injuries can vary significantly, from minor to catastrophic. Severe injuries may require long-term medical care and rehabilitation. Additionally, you will likely face insurance company lawyers whose primary goal is to minimize payouts.
The dedicated lawyers at Tomeny | Best are here to help you pursue the compensation you deserve from the railroad company or its employees. Contact us today for a free consultation with a railroad injury lawyer in Prairieville to assess the strength of your case. Your attorneys will guide you on the best path forward to resolve your legal matter.
