Queens Train Accident
In New York trains are vital for long distance travel as well as for commuting to work each day. Several train lines run through New York City and New York State, and between New York State and other states. Such lines include the Long Island Railroad and Amtrak. Other trains that run through New York include the subway and freight trains. While major train accidents do not happened often, when they do injured victims suffer a variety of serious injuries, including trauma to the head that result in a brain injury, broken bones, and trauma to the spinal cord that could lead to paralysis. There are different authorities that have control over the various types of trains that run through New York including the Metropolitan Transportation Authority, Amtrak, Long Island Rail Road or the Metro North Railway. This means that when an accident does occur, it is important to understand the entities involved and any special rules that apply to those entities. If you are in need of a New York train accident lawyer because you or a loved one has been injured in a train or subway accident it is important that you immediately speak with an experienced Queens train accident lawyer for guidance.
Types of train accidentsTrain accidents that make the headlines are accidents that involve 2 trains colliding, derailments, and trains colliding with cars. These types of accidents can occur for a number of reasons including track defects, malfunctioning signals, malfunctioning equipment, improperly maintained equipment, conductor fatigue or human error. When trains collide or a train derails, it is not unusual for passengers on the trains to suffer serious injuries. In some cases victims die in these types of serious train accidents.
However, there are many other types of train-related accidents that do not necessarily make headlines. For example, passengers may slip and fall on a moving train, or fall on a platform or on stairs leading to the train station. There may be accidents involving food service or baggage handling. There are also accidents involving trains striking pedestrians.
Regardless of the type of accident, if it was caused by negligence of another person or entity, then the victim has the right to pursue compensation.
Pursuing a claimIf you suffered a brain, back, head or spinal cord injury, or if you suffered broken bones or internal bleeding, you have the right to demand compensation from the person or entity who was at fault. Such serious injuries mean that you will have substantial medical bills and that you will miss a great deal of work. The law says that if someone else caused your injury you have the right to file a claim and make them compensate you for your economic and non-economic losses.
The specific types of compensation to which you may be entitled vary from case to case and are based on your specific losses. For example, your compensable medical expenses may be related to your hospital stay, visits to doctors, MRIs, lab tests, prescription medication, over-the-counter medication, rehabilitation, home health care services, and rehabilitative equipment. Your loss wages may include missed paychecks, missed bonuses, missed promotions, used vacation and sick days, and other lost opportunities.
A non-economic loss that you may incur is pain and suffering. This refers to both the physical pain and emotional suffering you have had to endure due to your injuries. For example, if the train accident resulted in an amputation, the physical pain would be immense. The emotional suffering would also be significant as you would have to deal with painful treatment, rehab, and the possibility of going through the rest of the life with obvious signs of an amputation.
If your family member was killed in the train accident the law allows that person's personal representative to sue for wrongful death. A Queens wrongful death attorney can explain the details of how to file a wrongful death claim.
Injured railroad employeesVictims of train accidents are not limited to passengers. Employers of railroad companies are often injured in accidents while working. Generally speaking, when an employee is injured on-the-job, that employee would be entitled to benefits under New York's workers' compensation rules. However, another statute applies to railroad employees. The Federal Employers Liability Act, FELA, allows railroad workers injured while working to receive financial compensation. Such employees would not be entitled to workers' compensation.
Contact the Law Offices of Stephen Bilkis & AssociatesTrain accident injuries cause not only physical pain, they also cause financial losses. You have the right to demand that the negligent party compensate you for the losses you suffered because they were negligent. However, a personal injury case against the operator of a rail line can be more complex than filing a claim in other types of accident cases. For this reason it is important that you are represented by an attorney with experienced. A train accident case is ver. The staff at the Law Offices of Stephen Bilkis & Associates regularly handles complex damage cases, including claims for wrongful death and personal injury arising out of train accidents, subway accidents, car accidents and construction accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.