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You can receive monetary compensation for your economic damages including medical bills and lost income, your noneconomic damages including pain and suffering, and in some cases also punitive damages.
If you have been injured or lost a loved one in a train accident, there are four categories of damages that might be available to you in a legal action against the at-fault party or parties.
- Economic damages—This compensates you for your tangible losses which include any out-of-pocket expenses you incurred for medical care, lost wages, or property damage. These are also sometimes referred to as compensatory damages.
- Noneconomic damages—The consequences of accidents often harm you and reduce your quality of life in ways you cannot measure. These intangible injuries can leave you with pain and suffering, disfigurement, disabilities, depression and other lifelong effects. The law allows you to be compensated by the defendant for these losses, which are typically calculated at one-and-a-half times your economic damages award.
- Punitive damages—If the defendant’s conduct was particularly wanton or reckless, the jury may award you punitive damages. Examples of this type of conduct in a train accident context could include a conductor impaired by illicit drugs or alcohol, or another drunk driver who caused the accident. These damages are fairly uncommon and are designed to punish the offender and deter similar behavior in others. While there is some barometer by which to estimate your economic and even noneconomic damages, it’s harder to predict the amount of punitive damages a jury would award. But that doesn’t mean you still shouldn’t fight for them at trial if the circumstances warrant.
- Wrongful death and survivors’ damages—If your immediate family member dies from a train accident, you can bring a wrongful death or survival action against the wrongdoers. This compensation is meant to fill the void the decedent’s absence created and covers medical and burial costs, lost future financial support if applicable, and even grief and loss of society. Generally, spouses, children, and parents of the deceased are the only ones allowed to bring these actions.
This is just a simple outline of the major categories of damages that might be available to you in a train accident case. Our knowledgeable accident attorneys can further explain how the law applies to the specific facts of your case and give you a better picture of what recovery might be available to you.
Protecting Your Recovery in Train Accident Lawsuits
Victims of train accidents often ask us how much their case is worth, when they should really focus on taking steps to protect their recovery. To preserve the future compensation that is rightfully yours, you or someone acting on your behalf should take the following actions as soon as possible after your train accident:
- Seek medical attention at the emergency room of a hospital and make sure your care is well documented
- Tell your boss you will be absent from work and need income verification
- Make a list of everything you remember about the incident including people present at the scene, weather conditions, and other relevant information
- Contact a qualified personal injury attorney
This just the beginning in terms of what you need to do after a train accident in order to win the compensation you deserve. However, with an experienced train accident lawyer, you will have the help you need to complete every task successfully.
Wondering What You Could get for Your Train Accident Lawsuit?
Rosenfeld Injury Lawyers LLC can explain the compensation available to you if you have been injured or lost a loved one in an Illinois train accident. Our train accident attorneys can thoroughly explain all the steps involved in bringing a suit. To learn what you could expect to receive in train accident litigation and how we can help you get it, contact our respected team of train injury lawyers today.
