Train Accidents Attorney Massachusetts
Get Compensated for the Train Accident Injuries You Sustained in Massachusetts
Train accidents can have serious consequences that can disrupt your life for a significant period. Dealing with the aftermath of such accidents, including injury treatment, missed work, and rehabilitation can take weeks or even months. However, our train accidents attorney in Massachusetts can help you regain control of your life.
If you or someone close to you has been injured in a train accident, contact The Law Offices of Barry Feinstein & Affiliates P.C. We will carefully assess the facts of your case and explore the possibility of pursuing a personal injury lawsuit. This type of claim can provide compensation for your accident-related expenses, such as medical bills and lost wages.
If you have lost a loved one in a train accident, we can also discuss the option of filing a wrongful death claim. Our goal is to help you obtain the financial compensation you need to move forward.
Why Do I Need a Train Accidents Attorney in Massachusetts?
Train accidents can result in devastating injuries or even fatalities. If you or a loved one has been involved in a train accident in Massachusetts, it’s important to consider hiring our train accident attorney in Massachusetts. Here are some reasons why:
- We have the legal knowledge and experience to navigate these complicated cases, and help you understand your rights and options.
- We have access to investigative resources that can help determine the cause of the accident, including witness interviews, expert testimony, and accident reconstruction.
- We have the negotiation skills to work with insurance companies and other parties involved in the case.
- We have the courtroom experience to represent you effectively if your case goes to trial.
Hiring our legal team can provide you with the legal representation you need to protect your rights and obtain the compensation you deserve after a train accident.
How Do Train Accidents Happen?
The Law Offices of Barry Feinstein & Affiliates P.C. has extensive experience handling personal injury cases involving various types of trains and rail systems. With over 25 years of legal practice, we strive to achieve the best possible outcomes for our clients.
When we take on a new client, one of our top priorities is to determine what happened during the train accident. This can be challenging given the chaos that often follows such incidents. Common causes of train accidents include:
- Poor train maintenance
- Violation of inspection protocols
- Speeding or reckless operation
- Operator error
- Slippery floors or platforms
- Trip and fall hazards inside the train
- Third-party vehicles stopping on railroad crossings
Train companies are responsible for maintaining the necessary standards of care and cleanliness to ensure passengers’ safety and well-being. If they fail to fulfill these duties and cause injury to their passengers, they may be held liable for damages resulting from their negligence.
At The Law Offices of Barry Feinstein & Affiliates P.C., we hold negligent parties accountable for their actions and fight for the rights of accident victims.
What Are Common Carrier Laws?
Common carriers are vehicles that provide transportation services for passengers or goods in exchange for payment. Trains, trams, and buses are examples of common carriers that must follow specific laws that do not apply to other types of vehicles.
Common carriers owe their passengers a higher standard of care than non-commercial vehicle drivers including:
- Inspecting and repairing trains
- Identifying potential safety hazards
- Properly training employees and conductors
- Ensuring the safety of all passengers
By hiring our train accidents attorney Massachusetts, you can focus on recovering from physical injuries or the loss of a loved one while we handle the legal procedures and negotiations.
What Are the Different Types of Train Accidents in Massachusetts?
Trains are a popular and efficient mode of transportation for traveling to various destinations in the greater Massachusetts area. However, this means that residents are regularly exposed to the risk of sustaining severe or deadly injuries in train accidents. Here are some of the most common causes:
Train Derailment
A train derailment is when a train comes off its tracks, often leading to the train tipping over or crashing into nearby structures. Train derailments occur due to insufficient maintenance on the tracks, speeding or reckless operation of trains, or poorly loaded or unbalanced train cars.
Train Collision
Trains can cause severe harm without even derailing from the tracks. Fatal train accidents can happen due to a collision with various objects, including a motor vehicle at a railroad crossing, pedestrians crossing or walking near the tracks, other trains, and rail equipment or objects on the tracks.
Accidents Inside the Train
Passengers on trains can also sustain serious injuries from accidents that occur within the train itself. Train companies have a duty to maintain their trains and keep them safe for passengers. If they fail to do so, passengers may suffer injuries from a variety of hazards such as loose handholds, slippery floors, broken seats, or unstable overhead racks.
Railyard and Railroad Work Accidents
Railroad workers have a challenging job that poses many hazards, especially when working on or near trains and train-related infrastructure. Rail workers are responsible for tasks like coupling and decoupling trains, maintaining signals, and fixing the tracks, all of which require extreme caution to avoid dangerous accidents.
What Are the Most Common Train Accident Injuries in Massachusetts?
Massachusetts train accidents can lead to various life-altering injuries for the victims, and The Law Offices of Barry Feinstein & Affiliates P.C. have the resources to help seek compensation for any of them. We assist our clients in obtaining compensation for the following commonly occurring injuries resulting from train accidents:
- Crush injuries and loss of limbs
- Injuries to the spinal cord
- Traumatic brain injury
- Other catastrophic injuries
- Wrongful death
Our team at The Law Offices of Barry Feinstein & Affiliates P.C. believes in working closely with our clients to understand the full extent of their injuries. By communicating with the medical team and listening to the victims’ experiences, we develop a comprehensive understanding of the challenges our clients face.
This approach helps ensure that when our train accidents attorney in Massachusetts takes legal action on behalf of our clients, we will fight for the maximum compensation available under Massachusetts law.
What to Do Following a Train Accident in Massachusetts?
If you or someone you know has been involved in a train accident in Massachusetts, here are some important steps to take:
- Seek medical attention and ensure to obtain copies of your medical records
- Follow any medical advice and treatment plans prescribed by your doctor or healthcare provider
- Report the accident to the police or any relevant authorities
- Collect information including the names and contact information of any witnesses, photographs of the scene, and any relevant documents, such as train schedules or maintenance records
- Don’t sign anything without legal advice
- Contact our train accidents attorney in Massachusetts
Following these steps can help to protect your rights and ensure that you receive the proper medical care and compensation following a train accident in Massachusetts.
Who Can Be Held Liable for Your Train Accident Injuries in Massachusetts?
Assigning blame for train accidents can be complicated, and it’s not unusual for more than one party to be responsible. This can make things harder for people seeking compensation. Since each party may not have enough insurance to cover all the losses, it’s crucial to determine all the responsible parties.
Though it takes more effort, naming multiple defendants can increase the likelihood of recovering compensation that covers all the losses. Several parties could be held accountable for a train accident, such as:
- Train crew
- Equipment manufacturer
- Maintenance contractor
- Railroad company
- Municipality responsible for maintaining the crossings
- Passengers or vehicle motorists
Constructing a successful claim against any of these parties requires a lot of work, but you don’t have to do it alone. By retaining the services of our personal injury attorneys at The Law Offices of Barry Feinstein & Affiliates P.C., you can focus on recuperating from your injuries while we handle your case.
What Do You Need for a Winning Train Accident Injury Claim in Massachusetts?
To support your train accident claim, you will need to demonstrate the following:
Duty of Care
The law recognizes a duty between a defendant and a plaintiff when their relationship requires the defendant to act in a specific way. It’s typically up to a judge to decide whether a defendant owes a duty of care to a plaintiff, and they will usually find that a duty exists if a reasonable person would agree under similar circumstances.
Breach of Duty of Care
It’s not sufficient to show that someone owed you a duty of care. Your lawyer must also demonstrate that the defendant failed to meet that duty. The defendant breaches their duty by not taking reasonable care, which is determined by a jury as a factual question.
Cause in Fact of the Injury
You are required to prove under traditional legal duty rules that the defendant’s actions were the direct cause of your injury. This is known as “but-for” causation, meaning that if the defendant had not acted, you would not have been injured.
Proximate Cause
Proximate cause is about determining the extent of a defendant’s responsibility. The defendant is only responsible for the harm that they could have predicted through their actions. If the defendant has caused damages that go beyond the scope of the risks that they could have predicted, then you cannot prove that the defendant’s actions were the proximate cause of your damages.
Damages
To succeed in your train accident injury claim, you must show that you suffered legally recognized harm, typically in the form of physical injury or property damage. Simply proving that the defendant was negligent is not enough.
How to File a Claim Under FELA to Seek Compensation?
If a railroad worker is injured in such an accident, they may be able to seek compensation through the Federal Employers’ Liability Act (FELA), as opposed to Massachusetts workers’ compensation.
This law allows workers to hold their employers responsible for any negligence that led to the accident and can serve as a deterrent for future unsafe practices. To file a FELA claim, an injured railroad worker must be able to prove:
- That they were employed by a railroad that operates across state lines or handles freight that crosses state lines
- That the accident happened while on the job
- That the accident was caused by the railroad company’s negligence, recklessness, or a defect in the train, machinery, equipment, or working conditions
When determining compensation, the jury will consider the degree of negligence of both the railroad company and the worker, as well as the severity of the injury. The amount of compensation that a worker can receive can include reimbursement for medical expenses, permanent or partial disability, lost wages and benefits, and pain and suffering.
What is My Train Accident Injury Case Worth?
When evaluating a case of a train accident, the worth of the case is determined by the effect it has on the victim’s life in the long run. Therefore, if you or someone you know has suffered severe injuries in a train accident, it is crucial to have the assistance of our train accident attorney in Massachusetts to assist you in seeking compensation.
The damages available in a train accident case typically involve both economic and non-economic losses.
Economic Damages
Economic damages refer to the financial costs associated with the injury. These can include expenses related to medical treatment, such as hospital bills, medication, rehabilitation, and ongoing care.
Additionally, economic damages may include lost wages or income as a result of the injury, as well as any reduction in the individual’s ability to earn income in the future.
Non-Economic Damages
In many cases of train accident injury claims, the biggest part of the compensation sought is related to non-economic damages. These damages compensate for the physical and emotional pain, the decreased quality of life, and other personal losses that resulted from the injuries.
Wrongful Death Claim
If you lost a loved one in a train accident in Massachusetts, you have the right to file a wrongful death lawsuit to recover compensation for a variety of losses. These losses may include:
- Funeral and burial expenses
- Medical expenses related to the accident
- Loss of emotional support and companionship
- Loss of financial support
At The Law Offices of Barry Feinstein & Affiliates P.C., our personal injury lawyers will analyze your case in detail and collaborate with our professional resources, including medical and financial experts, to determine the full extent of your damages. We are committed to pursuing all the damages that you are entitled to claim.
How Long Do I Have to File a Claim After a Train Accident in Massachusetts?
The time limit for taking legal action for damages after a train accident depends on the specific details of the case and who you are filing a claim against. Laws called “statutes of limitations” set the time frame for taking legal action.
If you are filing a lawsuit against a private entity for a train accident in Massachusetts, you typically have three years from the date of the injury to file a lawsuit for compensation. This time frame is the same if you are suing your privately-owned railroad employer under FELA.
There are exceptions to this rule for the following:
- Minors who are 3 years from reaching 18, or
- People with mental disabilities.
In these cases, the time limit “clock” is paused or “stayed.” This means that the three-year time limit doesn’t start running until the stay is removed, which could happen when the minor turns 18 or the person with a disability becomes capable of pursuing a legal claim.
Therefore, it is crucial to speak with our train accident attorney in Massachusetts as soon as possible after any train accident injury. This helps protect your rights and provides the best opportunity to collect evidence related to the accident and injuries.
Seek Legal Advice From Our Experienced Train Accidents Attorney Massachusetts Today
The Law Offices of Barry Feinstein & Affiliates P.C. is equipped with the experience to protect your legal rights in case of train accident injuries in Massachusetts. Our train accidents attorney in Massachusetts will put their best efforts to pursue the compensation that you and your family deserve.
Our firm is proud to represent victims from Massachusetts and nearby regions. If you want to learn more about your options and rights, you can fill out our online form to get in touch. Also, our Massachusetts personal injury law firm can assist you with Car Accidents, Truck Accidents, Motorcycle Accidents, Toxic Torts, and Workers’ Compensation cases.
