As a passenger on an Long Island Rail Road Company (LIRR) train, you are under the care of the LIRR operators to get you safely to your destination. Unfortunately, if operators neglect that care, it can cause derailments and accidents that result in serious injuries. If you suffered injury in an LIRR train derailment, here is what you need to know about your options for compensation.
Can I recover compensation for LIRR train derailment injuries?
Yes, you can file an injury claim for compensation for most injuries that result from an LIRR train derailment. It is important to note that these injuries must have caused you to suffer damages (e.g., medical bills, lost wages, pain and suffering, etc.).
This means that more minor injuries like cuts and bruises will likely not be recoverable. Examples of likely recoverable injuries include:
- A broken leg that keeps you out of work for a month
- Traumatic brain injuries
- Spinal cord injuries
- Any injury that results in permanent scarring or disability
- Death (surviving family members can file a wrongful death suit)
What type of compensation can I receive from an LIRR derailment injury?
Investigators will identify the cause of the accident and also the party or parties liable for the accident [link to Liability for LIRR derailments FAQ]. Once this has happened, you can seek compensation for the following damages:
- Medical expenses
- Pain and suffering
- Mental anguish
- Lost wages and earning capacity
- Permanent disability
If the accident resulted in the death of a loved one, the surviving family might also be entitled to:
- Funeral costs
- Loss of consortium
- Loss of financial support
- Loss of parental guidance
- Other emotional damages
How do I recover compensation after an LIRR derailment?
Once the investigators have determined the cause and liability of the accident, you can begin your claim. Whom you file with depends on the cause and the liable party.
If LIRR is liable, LIRR’s insurance company will begin handling any damage claims shortly after the accident. Because the Metropolitan Transportation Authority (MTA) owns and operates LIRR — and will have a large, experienced legal defense team — it will likely be very difficult to recover an adequate settlement.
The insurer will likely offer you a very low settlement or make you jump through hoops to get your settlement.
Fortunately, you are not alone. By working with the Long Island train accident attorneys at Goldstein & Bashner, we will handle your entire case. This means that you can focus on recovering while we focus on getting you a fair settlement.
When the negligence of a railroad company or train operator causes you injury, you are entitled to compensation. Our attorneys are here to answer your questions and put your mind at ease as we negotiate a settlement that covers the full extent of your damages.
Contact Goldstein & Bashner at 516-874-4362 to discuss your legal options.