Did you or a loved one sustain injuries in a train accident near West Palm Beach, FL? You may have the right to recover compensation from the at-fault parties. An experienced West Palm Beach train accident lawyer at Hollander Law Firm Accident Injury Lawyers can help you fight to recover compensation for medical bills, lost wages, and your family’s pain and suffering.
Our lawyers have nearly 30 years of experience practicing personal injury law. We’ve recovered tens of millions of dollars to help our clients recover from their injuries over the years.
The consequences of a train accident can be devastating. Don’t hesitate to call our law offices in West Palm Beach, Florida at 561-556-7873 to schedule a free consultation and learn more about your legal options today.
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How Hollander Law Firm Accident Injury Lawyers Can Help After a Train Accident in West Palm Beach
Accidents involving public transportation are typically more difficult to prove than an ordinary motor vehicle accident case. It’s important to have an experienced West Palm Beach personal injury lawyer by your side every step of the way.
At Hollander Law Firm Accident Injury Lawyers, our founding attorney has been recognized as an Avvo Top Attorney with a perfect 10.0 rating. Over the years, we’ve helped countless clients like you get justice after sustaining injuries.
Trusting our lawyers to protect your interests means you’ll have an experienced advocate to:
- Provide sound legal advice at all stages of the legal process
- Handle the investigation into your accident
- Build a strong personal injury case for compensation
- Put an accurate dollar value on your difficult-to-value losses
- Hire leading experts and specialists to strengthen your train accident claim
- Handle all insurance negotiations and communications on your behalf
- Fight for you before a judge and jury if necessary
The time following an accident can be critical to your case. If you were injured, don’t hesitate to call our West Palm Beach personal injury attorneys to seek legal advice today.
How Common Are Train Accidents in West Palm Beach?
Train accidents aren’t as common as car accidents. However, train accidents do still occur in the U.S. According to the Bureau of Transportation, thousands of train accidents are reported across the United States each year. In 2020 alone, 1,606 train accidents were reported. At least 72 people were injured, and six people were killed.
Those numbers jumped dramatically when travel resumed in 2021. According to the Federal Railroad Administration (FRA), 2,145 highway-rail grade crossing collisions occurred across the U.S. in 2021. 234 crossing fatalities and 669 crossing injuries were reported that year.
Of course, not every train accident involves a dramatic train derailment or fiery explosion. Still, Florida ranked number six on the list of states with the most railroad crossing accidents. Statewide, 94 collisions were reported in 2021. 46 people were injured, and 22 were killed.
What is My West Palm Beach Train Accident Case Worth?
There’s no precise formula that can be used to determine how much your personal injury case is worth. The value of your train accident case will depend on the facts and circumstances. Typically, the more serious the injuries, the higher your settlement or verdict will be.
To put a dollar value on your personal injury claim, our accident lawyers in West Palm Beach will evaluate all of the facts, including:
- The nature of your injuries
- The cost of your medical treatment and other out-of-pocket costs
- Your lost wages and income
- The amount of pain and suffering you’ve endured
- How the injury will impact your future, considering your work, education, and quality of life
- The nature of the at-fault party’s actions
- Whether the insurance company is blaming you for the accident
Train accidents often involve multiple defendants. In these types of cases, each party often tries to point the finger at someone else to avoid responsibility. That makes it especially important that you understand your case value before approaching the negotiating table.
What Types of Damages Are Available to Train Accident Victims?
Under Florida law, accident victims can pursue two types of damages: economic damages and non-economic damages.
Your economic damages award should compensate you for all of the financial costs you’ve incurred, including:
- Current medical bills
- Anticipated future medical expenses
- Lost wages during recovery
- Reduced future earning potential
- Physical therapy
- Property damage
Non-economic damages attempt to compensate victims for their suffering and other personal losses.
Examples of those non-financial losses include:
- Pain and suffering
- Mental anguish
- Loss of your ability to enjoy life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium
In rare cases, you may also be entitled to seek punitive damages.
Can I Recover Damages If I’m Being Blamed for a Train Accident in Florida?
Like any auto accident victim, you can recover compensation as long as you weren’t 51% or more responsible for your injuries.
Under Florida’s modified comparative fault laws, blame is allocated between all parties. Each party is liable for their own share of the fault. For example, if you were 30% responsible, you’re entitled to only 70% of your settlement or verdict. You would also be barred from recovering damages if you were mostly at fault.
An experienced West Palm Beach train accident attorney can help protect your rights and ensure you aren’t allocated more blame than is fair.
We’ll Fight to Recover Compensation for All of Your Train Accident Injuries
The severity of your injuries will depend heavily on the nature of the accident.
At Hollander Law Firm Accident Injury Attorneys, our lawyers in West Palm Beach often represent clients who have sustained:
- Broken bones
- Chest injuries
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Organ damage
- Crushing injuries
- Catastrophic injuries
- Wrongful death of a loved one
Train accident injuries have the potential to be catastrophic, especially when trains collide with small passenger vehicles. Our team will help you fight to secure the fair compensation you need. Call our West Palm Beach train accident attorneys to get started today.
What Causes Most Train Accidents in West Palm Beach, Florida?
Most train accidents are preventable. They occur because someone was careless or reckless.
Here are some of the most common causes of train accidents around West Palm Beach:
- Distracted engineers
- Fatigued train operators
- Fatigued or distracted drivers
- Failure to stop at train crossings
- Malfunctioning train crossing gates
- Defective tracks
- Excessive speeds
- Outdated technology
- Drunk driving
- Driving or operating the train under the influence of drugs
- Unqualified train operators
- Negligent hiring practices
- Communication failures
- Failure to properly maintain the train or train tracks
- Violations of Federal Railroad Administration rules
It’s important to find out what happened to cause your accident. Not only do you deserve to know why you were injured, but determining the cause of your accident is critical to holding all responsible parties accountable for your damages.
How Do I Prove Negligence After a Train Accident in Florida?
Most accidents involving trains occur because someone was negligent.
- A legal duty of care existed
- The responsible party breached their duty of care
- The breach was the direct cause of the accident
- You sustained damages, usually in the form of injuries
Amtrak operates the passenger train system in West Palm Beach and across South Florida. The train company can be held vicariously liable for the negligence of its employees. So, if the train operator was the person responsible for your injuries, the train company may ultimately be liable for your damages.
Still, you’ll have to prove it to recover damages. Our West Palm Beach train accident attorneys will conduct a full investigation to determine the cause of your accident.
We’ll gather the evidence you need, including:
- Black box recording data, if available
- Police and accident reports
- The train company’s inspection and maintenance records
- Information about the train operator’s qualifications
- Information about the train company’s hiring practices
- Information about the train crossing gates and signal functioning
- Reports of past safety violations
- Video surveillance footage
- Opinions prepared by accident reconstruction specialists
- Eyewitness testimony
- Data from the crash scene
Our primary goal is to prove that someone else’s actions caused your accident and injuries.
How Long Do I Have to File a Lawsuit After a Train Accident in Florida?
Due to a recent change in the law, most injured parties have either two years or four years from the date of the accident to file a personal injury lawsuit, based on when it occurred. The deadline is two years if your accident occurred on or after 3/24/2023; otherwise, it is four years. However, it’s possible that the statute of limitations in your case may be shorter or longer.
For instance, if a government agency was responsible, you only have three years from the date of the accident to provide a notice of claim to the responsible agency. After notice is provided, the government then has time to conduct its own investigation.
Train accident cases are almost always complicated. Your lawyers will need time to build a strong case for compensation. That’s why we highly recommend that you speak with a lawyer sooner rather than later to confirm the deadline for your particular situation.
Contact a West Palm Beach Train Accident Lawyer for a Free Consultation
If you or a family member were injured in a train accident, contact Hollander Law Firm Accident Injury Lawyers for a free consultation today. An experienced West Palm Beach train accident lawyer can greatly improve your chances of recovering the maximum compensation you deserve.
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