What Should You Do If You Are a Victim Who Has Been Injured in a Train or Subway Accident?

In Massachusetts, many people opt out of driving in favor of using trains and subways to commute to work. This may be for their convenience and also due to the rising cost of fuel prices. Statistics show that since 2002, there have been more than 12,000 train accidents each year, and nearly 1,000 wrongful deaths.

Train accidents and subway mishaps can result for a variety of reasons. The most common cause of a train accident is derailment. This can occur when there is a lack of rail maintenance, mechanical failure or even conductor fatigue.

Experienced train crash and subway accident attorneys in Massachusetts often represent people for cases involving: wrongful deaths, collisions between trains or buses, speeding, an operator who is under the influence of alcohol or drugs, failure to obey traffic signals, and negligently constructed tracks, among other things. It is quite common for victims of these types of accidents to suffer from severe personal injuries, such as: brain trauma, burn injuries, spinal cord injuries, concussions, fractures, internal injuries, head injuries, abrasions and soft tissue injuries.

If you or your loved one are a victim of a personal injury suffered as a result of a train or subway accident, you need to seek the services of a knowledgeable personal injury attorney who can help you obtain the best results for your case. Such an attorney will help you file your claim for the monetary damages used to compensate you for your past and future medical expenses, pain and suffering, loss of employment and loss of wages. Further, if the railroad or subway company is found to have behaved in an incredibly unacceptable manner, then you may also be entitled to punitive damages. These damages are available to punish the wrongdoer for his or her grossly negligent behavior. If the victim of the train accident dies as a result of the accident, then his or her family members are entitled to additional damages, namely wrongful death damages covering the victim’s funeral expenses, loss of contributions from the decedent, loss of society and emotional distress.

After a train, subway or bus accident, the company’s insurance representative may contact you with an offer of settlement. It is in your best interest to first consult with an attorney with extensive experience and expertise in the field of personal injury law before accepting any offers. In this way, you will make sure that you are fairly compensated for your injuries. You will almost for certain have to retain an attorney to represent you to get a more reasonable settlement offer or to pursue a lawsuit against the train company. Although in Massachusetts, the statute of limitations for a personal injury claim is three years from the date of the accident, for all accidents involving the Massachusetts Bay Transportation Authority (MBTA), the statute of limitations is only two years from the date of the accident.

Finally, immediately after being in a train or subway accident, you should seek medical assistance. Sometimes, due to the shock of the accident or for other reasons, you may not feel any pain initially. Despite your lack of pain at the outset, however, you should still visit a doctor so they can document the extent of your injuries. Next, you should try to preserve any and all evidence available to you. This may include pictures of the accident scene as well as x-rays from your medical checkup after the accident. All of this information should be presented to your attorney so that you may achieve the best results in your case.

When selecting an attorney from the Law Offices of Gilbert R. Hoy, Jr. and Affiliates to represent you in your personal injury case, you are selecting a highly skilled and knowledgeable attorney who will assist you in your unique situation.  Call 617-787-3700, 24/7, for a free consultation. Your needs are our top priority!

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