SOUTH CAROLINA TRIAL LAWYERS
Protecting the Injured, Serving Our Community.

Filing a Claim After Being Injured on an Amtrak Passenger Train

Published on Feb 7, 2018 at 2:14 pm in Train Accidents.

The attorneys at the Solomon Law Group are experienced in making claims involving Amtrak passengers. In order to determine what type of claim needs to be made, whom it needs to be made against, and what your damages are, there must be a thorough investigation conducted by your attorney(s). In a typical collision involving an Amtrak passenger train, there are several contributing factors that may or may not be in Amtrak’s control.

Solomon Law Group has recently resolved a significant claim in an Amtrak collision that was caused by a truck sitting on a railroad. In order to determine the best way to make a claim, the attorneys at the Solomon Law Group had to investigate the owners of the track and the actions that were taken that day by the involved parties. Additionally, research was conducted to determine whether the railroad crossing was in compliance with federal regulations and industry standards.

Potential Compensation You Can Seek After a Train Accident

In determining the value of your claim, South Carolina allows for the recovery of the following types of compensatory damages:

  • loss of income;
  • loss or impairment of earning capacity;
  • out-of-pocket expenses;
  • medical expenses, including physicians, hospital, medicines, physical therapy expenses, rehabilitation expenses, and transportation expenses connected with medical treatment;
  • any future damages resulting from permanent injuries;
  • disfigurement;
  • loss of family services;
  • deprivation of normal life expectancy;
  • alteration of lifestyle;
  • psychological trauma;
  • mental anguish;
  • mental distress;
  • apprehension;
  • anxiety;
  • emotional injury;
  • psychological injury;
  • depression;
  • sexual dysfunction;
  • pain and suffering;
  • loss of enjoyment of [1]

Many of these damages must be proved by the expert testimony of doctors, economists, life care planners, and other experts. Companies like Amtrak and CSX have to comply with federal and state laws, and when this does not happen, collisions occur. Many times, a company’s systematic actions place their employees in danger of hurting themselves or others. Failing to properly train employees and violations of federal and/or state regulations are two examples that may also lead to an award of punitive damages against a company in a train collision.

Hiring a Train Accident Lawyer Can Make Recovery Possible

If you were a victim of an Amtrak train accident in South Carolina or anywhere in the U.S., you should talk to an experienced train accident attorney as soon as possible. Whether the collision or derailment was caused by a lack of training, mechanical failure, negligence on behalf of an employee, or maintenance violations, the attorneys at the Solomon Law Group are prepared to utilize their experience and resources to hold the negligent party or parties accountable.

[1]See Anderson Jury Charges, citing,1Bates v. Merritt Seafood, Inc., 663 F. Supp. 915 (D.S.C. 1987); McNeill v. United States, 519 F. Supp. 283 (D.S.C. 1981); Baldowski v. United States, 111 F. Supp. 653 (D.S.C. 1953); Boan v. Blackwell, 343 S.C. 498, 541 S.E.2d 242; Oliver v. Blakeney, 244 S.C. 565, 137 S.E.2d 772 (1964); Edwards v. Lawton, 244 S.C. 276, 136 S.E.2d 708 (1964); Watson v. Wilkinson Trucking Co., 244 S.C. 217, 136 S.E.2d 286 (1964); Doremusv. Atlantic Coast Line R.R., 242 S.C. 123, 130 S.E.2d 370 (1963).

Free Consultations

877-323-3120

Call us or fill out the form below to tell us about your potential case and a personal injury lawyer will get back to you as quickly as possible.