Queens Train Accident Lawyer
Experienced NYC Injury Attorneys Helping Victims of Train Accidents Throughout New York City
Queens is a transportation hub for New York. With trains often being the most convenient mode of transportation for both passengers and freight, Queens is crisscrossed with train tracks and subway stations. Trains also provide service for visitors arriving at JFK Airport.
With the many miles of rail in Queens, accidents are bound to happen. Derailments, emergency stops, collisions, and malfunctioning safety equipment can lead to serious injuries and severe property damage. Whether your accident occurred in a station, railroad crossing, or overpass, a train accident attorney can provide the counsel to help you recover fair compensation.
Shaevitz & Shaevitz Law Offices can provide you with the representation you need. Our lawyers provide experience and skill when negotiating with insurance companies and government agencies to maximize your settlement or damages award.
What Does A Train Accident Lawyer Do?
A train accident lawyer provides a legal strategy for putting your claim in front of the right people and making the right arguments to get your claim paid. This can include:
Identifying how to file a claim. This is one of the most important tasks a Queens train accident attorney performs. A mix of private companies, government agencies, and quasi-government entities owns, operates, and maintains trains and railroads. How and with whom your claim is filed depends on the train and track where your accident occurred. For example, an Amtrak accident will be handled differently than an injury on the Long Island Railroad (LIRR).
Evaluating your damages. Damages from a train accident in Queens could include medical bills, prescription drug costs, physical and mental therapy expenses, lost wages, and diminished future earning capacity. Importantly, in mass injury events, like a derailment, federal law caps the total damages a train operator pays. Speed and accuracy in filing your damages claim could be necessary to ensure your claim is paid.
Settling or litigating your claim. Insurance companies and government agencies will try to avoid paying any amount more than they have to. As a result, an accident lawyer can be critically important to presenting the arguments and evidence during settlement negotiations or litigation to make sure you receive a fair settlement or damages award.
How Does A Train Accident Attorney Deal with Insurance Companies and Railroad Operators?
Whether you need to deal with insurance companies or government agencies for your train injury, you must keep in mind that they do not have your best interest at heart. Their goal is to either disprove liability or, if liability is unavoidable, deny responsibility for as much of your claim as possible.
When you deal with insurance companies and government agencies, a variety of issues may arise including:
Liability: After a train accident, the insurance company or government agency might contact you to discuss the accident. The caller might tell you that they want to help process your claim so you can get your money. Be aware that everything you tell the insurance company or government agency can be used to take responsibility off the train operator so your claim can be denied. Before speaking to anyone about your accident, you should consider talking to a Queens train accident attorney who can present your claim for you.
Damages: Railroad businesses and government agencies will try to reduce the amount they pay out by arguing that your injury was not a result of a train accident, the treatment you received for your injuries was unnecessary, or you faked the accident or injury. A train accident lawyer in Queens can document your damages and help you determine the value of your case.
Statute of limitations: To file a claim against some transit operators, you must act quickly. For example, a claim against Metropolitan Transit Authority (MTA) must be filed within 90 days of the accident. An accident lawyer can help you meet any deadlines or statutes of limitations in your case.
Delay: Anyone adjusting claims for an insurance company or government agency knows that you need money. You have medical bills piling up and might be out of work due to your injuries. They know that slowing down the entire process can force you to accept a low-ball settlement offer. A Queens train accident lawyer can push claims adjusters to settle your case fairly or file a lawsuit if a fair offer is not made.
What Entities Might A Train Accident Attorney Deal With?
Your accident lawyer might have to deal with a variety of different entities to get your claim paid. Some of the entities that are involved in operating trains and railroads in Queens include:
MTA: The MTA is a public benefit corporation that operates subways, Metro-North Railroad, and LIRR. The MTA claim process is complicated and places a high burden on injured passengers to act quickly after their injury.
Amtrak: Amtrak is a quasi-government corporation that operates interstate trains. Since Amtrak is run as a for-profit corporation, it can be sued in New York state court.
Port Authority Trans-Hudson (PATH): PATH trains are operated as a wholly owned subsidiary of the Port Authority of New York and New Jersey. Although PATH is a government agency, it is operated like a private corporation and, as such, New York and New Jersey have authorized suits against PATH for accidents on its trains.
What Are The Common Causes of Train Accidents in New York?
To establish liability for your injuries, you and your Queens train accident lawyer must prove that the train accident was caused by negligence. Some examples of negligence that can lead to train accidents include:
Employee negligence: Train operators are responsible for the negligence of their employees. Employees who are intoxicated, asleep, or ignore their duties can cause accidents that will lead to claims against their employer.
Improper supervision or training: Train safety requires competence and coordination. When employees are improperly trained or supervised, accidents are likely to occur.
Poor maintenance: Trains, tracks, switches, intercoms, escalators, and other train equipment require constant upkeep. If maintenance is substandard, the resulting accidents will be the responsibility of the train operator.
Broken safety equipment: Train operators are responsible for installing and maintaining guard rails, handrails, warning signs, door closures, and anti-slip surfaces. Accidents that occur due to missing or broken safety equipment will be the operator’s responsibility.
Missing warnings: Trains and train stations are covered in warnings because missing warning signs or inaudible announcements can expose train operators to liability for resulting accidents.
What Are The Most Common Train Accident Injuries?
Train injuries can take many forms, including:
Burns and smoke inhalation: A train fire may result in burns and cause smoke inhalation or other lung injuries.
Back and neck injuries: A sudden stop could result in whiplash-type injuries to your back and neck.
Sprains and broken bones: Slips, trips, and falls can result in sprained wrists, ankles, knees, and other joints or even broken arms or legs.
Head injuries: Severe falls can result in facial cuts and bruises, lost teeth, or even a concussion.
Electrocution: Electric trains expose passengers to dangerously high electric currents.
Post-traumatic stress disorder: Train accidents can be highly stressful, and the emotional aftereffects can linger for years.
Death: In 2019, 21 New Yorkers died in train accidents.
Train accidents, no matter how minor, can result in injuries that will require medical treatment. An experienced train accident attorney in Queens can help you pursue a claim for the compensation you deserve.
Hiring a Queens Train Accident Lawyer from Shaevitz & Shaevitz
An experienced train accident attorney in Queens can provide many benefits for your claim:
- Experienced attorneys understand the entity that must be contacted and the time limits for filing a train accident injury claim.
- Lawyers are trained in negotiation which increases your chances of obtaining a fair settlement.
- Personal injury attorneys can evaluate your claim and the damages you can expect.
Call Shaevitz & Shaevitz Law Offices at 718-291-3400 or 718-LAW-SUIT or contact us online for a free legal consultation to discuss your case. We have over 65 years of experience handling train accident injury claims.