Trains and other forms of public transportation allow people to move easily and safely throughout the Chicago area and Illinois, as well as to destinations across the U.S. Trains are statistically much safer than driving. Yet train accidents can and do occur. Because of the size and speed of the average train, any accident can seriously injure or kill dozens of people at once.
Railroad accidents, including derailments, collisions, and railroad crossing accidents can happen for many reasons, but whatever the cause, train accident survivors usually face the most difficult situation of their lives. These can be from any number of injuries, but traumatic brain injuries and spinal cord injuries are among the most devastating and life-altering. Speaking with a brain injury attorney in Chicago after seeking medical attention can help you recover most or all of the compensation you deserve.
When clients come to Smith LaCien accident attorneys in Chicago, they get results. Founding attorneys Brian LaCien and Todd Smith have dedicated themselves to advocating for injured clients in Chicago with a long track record of success. In two decades, they’ve recovered over $2.5 billion for injury victims, including a recent $93 million settlement for a jet crash client. When you choose Smith LaCien, you’ll enjoy advantages in your train accident case including the following:
At Smith LaCien, we understand the physical, emotional, and economic impacts of a frightening train accident, especially one ending in painful injuries. We’re ready to assertively argue for your best interests throughout the legal process ahead.
Victims of train accidents experience the unique sense of helplessness that occurs when a train derails, begins to bounce wildly, tilts, and crashes. The trauma often continues during the panicky aftermath as people discover serious, painful injuries and struggle to evacuate—sometimes while the train car fills with smoke. Injuries cited in compensation claims after train accidents include the following:
Any accident is frightening, but a train accident not only causes painful and sometimes catastrophic injuries, but also causes significant emotional impacts like PTSD, anxiety, depression, survivor guilt, and sleep disturbances in survivors.
A train accident might seem like a relatively rare event, but there were seven train passenger deaths due to accidents in 2022 and 2,207 collisions between trains and motor vehicles at railway crossings. When a train accident occurs, the most common causes are operator error, negligent or reckless motorists, and debris or obstacles on the tracks. Common liable parties in train accident compensation claims include the following:
It takes an experienced accident attorney with resources like accident reconstruction experts to determine the cause of a train accident, identify the liable party, and make a compelling case for compensation for an injury victim.
In the immediate aftermath, passengers should listen to all announcements and follow the directions given by the train personnel. They should attempt to escape the train safely and quickly, either through an emergency exit, an emergency door release switch, or an emergency exit window.
They should also make sure that emergency services and the police have been contacted. Seeking medical attention is important even if you don’t have obvious signs of injuries. Some injuries, like whiplash and back injuries, can take days and weeks to develop. Just ask our personal injury lawyers in Chicago.
After a train accident is common to feel disoriented. If your injuries are severe or you’re trapped inside a train car, you may be able to do little other than wait for rescue. However, if you’re able to move safely and use your phone, taking purposeful action can help you protect yourself later. After a train accident, once you know you’re not in immediate danger, use your phone to document important evidence like the following:
Go directly to the hospital after the accident and have a complete medical evaluation. Ask the doctor to make a detailed medical report listing each injury, their recommended treatment, and your recovery prognosis. Obtain copies of the medical report and police report. Then, keep copies of all medical bills and receipts for out-of-pocket expenses related to the accident, including the costs of replacing any damaged property like laptops or luggage. Call the attorneys at Smith LaCien LLP before talking to insurance company representatives.
Train accidents can be caused by different factors, including equipment malfunction and operator errors. Some of the main causes of train accidents include:
Identifying the cause of the accident is a critical step in determining who is liable for your train accident injury.
If you have suffered an injury or have lost a loved one as a result of a train accident, you may be facing a long, complex, legal battle to get compensation for your injury. Filing a claim for your injury involves investigating the cause of the accident, accessing and gathering relevant evidence including witness statements and expert opinions, documenting the nature and extent of your injuries, and establishing a financial value for your past and future damages.
This requires the skills of a Chicago accident lawyer who is well-versed in the technical and legal aspects of train accident injuries. At Smith LaCien, you can count on the outstanding professionalism of our experienced team of personal injury attorneys and our impressive track record of successful results. We have the professional and financial resources to argue your case with the skill and attention it deserves.
You may have a valid personal injury or wrongful death case arising from a train accident, but it is important to act quickly or risk losing your right to make a claim. Every state has a statute of limitations or time limits on the amount of time a victim has to make a claim against the party responsible for their injury. The statute of limitation for personal injury and wrongful death claims in Illinois is two years. You have two years from the date of the accident that caused your injury or the death of your loved one to file a claim.
The sooner you contact a personal injury lawyer after your train accident injury, the more time they have to build a robust case on your behalf.
Over 95% of personal injury claims are resolved through a settlement after an experienced attorney for the injury victim gathers evidence of liability, carefully calculates damages, and presents a compelling case to the insurer of the at-fault party. Most claims end with an ample settlement to the victim who doesn’t have to see the inside of a courtroom for their case. However, if the insurance company uses bad-faith policies, wrongfully denies a valid claim, or fails to offer an acceptable settlement after intense negotiations and mediation, the case may proceed to litigation in court through a lawsuit. While claims are typically resolved much sooner with a settlement, if a case goes to court, your attorney must file the petition within the state’s two-year statute of limitations.
If your case goes to court, the experienced litigators at Smith LaCien LLP will ensure that you are well-prepared and fully informed about the process. Court cases take longer than settlements, but jury awards for damages are usually substantially larger than settlements.
Whether you are making a personal injury claim or a wrongful death claim, you may be entitled to compensation for both economic and non-economic damages. Economic damages are tangible losses that include past and future medical expenses, loss of income, property loss, and funeral expenses. Non-economic damages are intangible damages that include pain and suffering, disability, and loss of consortium.
Train accidents cause serious and sometimes life-altering injuries. Injuries with lasting or permanent disabilities cause catastrophic changes in the victim’s life. Even relatively minor injuries with a full recovery can quickly cause financial hardship with as little as a single missed paycheck and a large emergency room bill. At Smith LaCien LLP, we fight for our injured clients’ rights in both big and small compensation cases. Common compensation in train accident cases includes amounts for the following damages:
Although your lawyer cannot guarantee your compensation value, they have the capacity to determine the value of your actual damages and will pursue the full and fair compensation that you deserve. The wrongful death attorneys in Chicago with Smith LaCien can advise you of your rights, communicate on your behalf with insurance companies, and advocate to get you the compensation that you need and deserve, including future medical expenses, lost wages, pain and suffering, permanent disability or disfigurement, and property damages.
A qualified train accident lawyer will be fully knowledgeable about the common carrier laws that regulate vehicles that transport people or goods for payment. They will also have knowledge of the Positive Train Control Enforcement and Implementation Act of 2015, which was fully implemented by its statutory deadline on December 31, 2020. On December 29, 2020, the Federal Railroad Administration announced that PTC technology was in operation on all 57,536 required freight and passenger railroad route miles in the country.
A train-related injury or wrongful death can influence all areas of your life. To get the legal help you need, call our office in Chicago today at (312) 509-8900 to schedule a free consultation. You can also fill out our contact form.