Most train accidents cause severe causalities in terms of deaths, injuries , and property damages. In the most horrible train accidents, thousands sustain severe injuries and many succumb to death. Property damages often exceed millions. Such traumatic events come with a host of problems for the injured and families of the deceased.
If the rail company is responsible for the accident causing you injury or death of your near and dear one, the company will be held liable for your damages or wrongful death.
Negotiations for Settlement
Many train accident claims are settled out of the court. State transportation authorities and train companies often try their best to avoid negative reports and exposure that are most likely to come up if a lawsuit is filed. A settlement is often perceived as the best choice for both parties as it saves the train company negative coverage and the plaintiff valuable time and money.
Settlement negotiation is possible before, during and after a lawsuit is filed. The procedure usually involves an exchange of several offers made by both parties. The plaintiff demands an amount that will cover their medical expenses and lost wages whereas the train company ties to cajole the plaintiff to accept a sum much lower than what is proposed.
A settlement has both advantages and disadvantages. An early claim settlement ensures that the train company can easily pay the amount agreed between the two parties. However, if the case is resolved through a trial, the jury is likely to award the plaintiff a sum much higher than what the plaintiff would have received from the train company.
Train Accident Lawsuits
These lawsuits are lot like other civil compensation claims for wrongful death or personal injury. The only exception is the train accident lawsuits are filed by many injured parties. A trial starts when a lawsuit is filed in a court that holds jurisdiction over the train crash. The train company , as well as their insurance provider, fires a response including defenses if they have any.
The parties exchange collected evidence. It is called ‘discovery’ period after which, hearings with regards to any pre-trial motion begins. These motions are related to the debate over all the admitted evidence. It clearly mentions the facts agreed upon by both parties and also includes other relevant matters. After the trial, the jury renders a verdict. If the train company is found guilty on the basis of the evidence, the jury sets the amount of compensation.
Settlement negotiation is also possible after a verdict is rendered. Either party is entitled to seek a settlement after the verdict if the other party agrees that it won’t pursue an appeal.
Talk to a Train Accident Lawyer to Know More about Your Case
Railroad companies are endowed with an astronomical amount of resources. Therefore, they can easily deal with lawsuits. They along with their insurance company approach an eminent and experienced lawyer to prove themselves ‘not guilty’. The plaintiff also enjoys the right to seek the help of a legal counsel. If you have been involved in a train accident, don’t delay in consulting a train accident lawyer to discuss everything from compensation claim to negotiation settlement.