Train accidents can be devastating and lead to severe, catastrophic, and even fatal injuries. If you were injured in a train accident caused by negligence, such as human error, poor maintenance, or a manufacturer defect, you may be entitled to damages to cover your medical bills, pain and suffering, and other losses.
Whether you were a passenger on a train, in another vehicle, or a worker injured while on duty, a Decatur personal injury lawyer from our personal injury team at Kaine Law will work tirelessly to secure compensation on your behalf to help you recover physically, emotionally, and financially.
How a Decatur Train Accident Lawyer Can Help You
There are many potential benefits to hiring a train accident attorney serving Decatur, including their ability to understand train and railroad regulations, especially those regarding safety and operation. These standards, which cover guidelines for operating trains and maintaining tracks and equipment, are established and enforced by the Federal Railroad Administration (FRA).
Due to the extensive federal regulations associated with the railway system, train injuries can be complex. Understanding how these regulations apply in various train accidents and injury cases may be central to proving which party is at fault and liable for compensation.
Other advantages of hiring a Decatur train accident attorney include the following:
- Providing a free case review and explaining your options to pursue compensation
- Investigating your accident and collecting evidence
- Identifying which damages you may qualify to receive
- Gathering documentation such as police reports and your medical records
- Handling communications with third parties
- Negotiating with liable parties and insurance companies
- Filing paperwork needed for insurance or legal claims
- Filing a lawsuit if appropriate
- Taking your case to trial if necessary
For a free legal consultation with a train accident lawyer serving Decatur, call 404-214-2001
Recoverable Damages for Train Accident Injuries
Our Decatur train accident attorneys can help you determine what forms of compensation you could pursue through an injury claim or lawsuit, which may include the following:
- Past, present, and future medical bills, including emergency care, surgeries, physical therapy, diagnostic testing, doctor’s visits, medications, etc.
- Lost wages resulting from missed work time
- Reduced earning capacity, or the difference between your past earnings and what you expect to make in the future based on physical limitations
- Physical pain and suffering due to injuries
- Emotional anguish related to psychological injuries, such as post-traumatic stress disorder
Wrongful Death Damages
If you lost a loved one to a train accident resulting from another party’s negligence, a Decatur wrongful death lawyer could help you pursue a wrongful death claim for your losses and on behalf of your loved one.
Commonly sought forms of wrongful death compensation include the decedent’s outstanding medical bills, funeral costs, and cremation or burial expenses. You may also seek damages for your emotional suffering and the loss of your loved one’s companionship, guidance, and support.
According to O.C.G.A. § 51-4-2, only the following relatives of the decedent are allowed to file a wrongful death claim:
- Surviving spouse
- Surviving children, if there is no surviving spouse
- Surviving parents, if there is no surviving spouse or children
- Administrator or executor of the estate, if there are no other surviving qualifying relatives
If an executor initiates the claim, the estate holds recovered damages for the benefit of the decedent’s next of kin. Once we understand the full effects of the accident and your or your loved one’s injuries, we can seek compensation on your behalf that accurately reflects your losses.
Decatur Train Accident Lawyer Near Me 404-214-2001
Establishing Negligence and Liability After a Decatur Train Wreck
Determining who is at fault and liable for a train accident typically involves establishing liability. In most cases, your Decatur train wreck lawyer will need to prove the following four elements in a personal injury claim:
- Duty of care: A legal duty requiring a person or entity to act in a way that avoids causing harm to others. For example, train operators must ensure they follow required railroad and safety standards.
- Breach of duty: The failure of a person or entity to fulfill their duty of care, such as failing to adhere to railroad regulations.
- Causation: The person or entity’s breach of duty caused the accident for which a person seeks recompense.
- Damages: The victim’s injuries resulted in monetary or subjective losses, such as lost wages, medical bills, and pain and suffering.
Who Can Be Liable for a Train Accident in Decatur?
Depending on the circumstances, liability for a Decatur train accident is most often assigned to one or more of the following:
- Train operators: The person(s) or company responsible for the train’s operation may be held liable for an accident resulting from negligence or failure to adhere to safety standards.
- Railway companies: If a train accident occurred due to subpar maintenance or repairs made to components of the train or railway system, the company that owns the tracks, trains, or other equipment may be held accountable. If the injured party was a railroad worker on duty, they may be entitled to receive workers’ compensation benefits.
- Manufacturers: The manufacturer of the train or parts may be liable for the accident if it occurred due to a defect in or failure of these components.
- Government entities: If the failure of a local government agency, such as a city or municipality that was responsible for regulating railroads or maintaining safety standards, caused the accident, that agency may be held partially or fully liable.
- Another vehicle driver: Although it is uncommon for a passenger vehicle or its operator to be responsible for a train accident, this could be the case if the collision occurred at a railroad crossing. For example, a car stopped on railroad tracks could lead to a collision with a train.
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Start Working With a Decatur Train Accident Lawyer Today
The Georgia statute of limitations (O.C.G.A. § 9-3-33) for personal injury and wrongful death lawsuits is two years from the accident date, so taking action quickly is important. If you or a loved one was injured in an accident involving a train, a Decatur train accident attorney can help you identify your recoverable damages and explain your options for pursuing compensation.
At Kaine Law, we focus on personal injury cases and fight for the rights of victims and their families to secure the compensation they need to recover from their losses. Contact us today for a free case review.