Train Accident Lawyers in New York
Located in Rosedale, servicing New York City and the counties of Nassau, Suffolk, and Westchester.
Have you been injured in a train accident? Chances are, whether they're physical or mental, your injuries are serious, and the legal process to achieve compensation can be stressful. Our train accident lawyers in New York know the ins and outs of personal injury lawsuits related to these kinds of accidents and are committed to our clients, so you can rest knowing you’re being fairly represented.
Call us at (718) 276-2800 for a free consultation in English, Georgian, Hebrew, Russian, and Spanish. We can come to you in Brooklyn, Manhattan, the Bronx, Queens, or the surrounding areas in New York City like the counties of Nassau, Suffolk, and Westchester.
We Understand the Process
Taking legal action can already be a confusing process, and train accidents make things even more complicated, as train lines are commercially and government-owned. Luckily, our train accident lawyers in New York are knowledgeable in such personal injury lawsuits and know exactly which steps to take.
We investigate train accident claims to determine if the liability is owed to:
- Negligence from the train operator
- Product and manufacturer issues
- Malicious intent
Common Causes of Train accidents in New York
Train operators and other parties involved with providing train services to commuters have a duty of care to ensure that passengers are kept safe at all times. Most train accidents occur because they have neglected this duty. One of the most important aspects of a train crash investigation is determining the cause.
Some common causes of train accidents in New York include:
- Train operator negligence.
- Lack of maintenance of both the train and/or subway, rail tracks, platforms etc.
- Sub-par repair work.
- Defective parts or equipment.
- Train derailments.
- Train collisions.
- Trip and fall hazards that cause passenger accidents while boarding or deboarding trains.
- Negligent security.
- Old, unrepaired tracks or infrastructure.
- Hiring of inexperienced or under qualified operators.
Who Can Be Held Liable in a Train Accident?
In general, anyone who is responsible for causing a train accident is held liable for it, and these may include:
- Train operator.
- Train company.
- Transit company.
- Other parties such as pedestrians, motorists etc.
- Government entities.
When it comes to train accidents, there can be more than one liable party, which is why it is important that you have an experienced train accident lawyer in New York by your side to identify any and all liable parties to your claim.
What Compensation Is Available After a Train Accident?
Depending on the circumstances of your accident, you may be able to obtain compensation to help cover medical bills and treatment, lost wages from missed workdays, pain and suffering, and compensation for any long-term medical issues you may face as a result. If you have lost a loved one to a tragic train accident, our personal injury lawyers can also help you pursue a wrongful death claim on their behalf.
If you’ve been injured, you may be entitled to receive compensation if you suffer from:
- Broken or fractured bones
- Neck and spinal injuries
- Traumatic head injuries
- Post-traumatic stress disorder
- Scratches and scars
- Loss of limbs
- Disfigurement and scarring
How a Train Accident Lawyer in New York Can Help You
Although accidents involving trains are quite common in New York, it can be tough actually getting the justice and compensation you deserve. Our personal injury attorneys will fight for your rights and get you the maximum possible compensation by:
- Evaluating your case and giving you sound legal advice.
- Carrying out an independent and unbiased investigation into the train accident.
- Identifying liable parties.
- Gathering the required evidence and witness statements.
- Consulting with experts and getting their opinions.
- Calculating the value of compensation to be claimed.
- Negotiating with insurance companies.
- Minimizing your fault in the accident if it is found that you are partly to be blamed.
- Filing a lawsuit if the settlement offered is not satisfactory.
Train operators and their companies are obligated to ensure safety for all passengers. If they fail to deliver passengers to their destination safely, it’s also their responsibility to provide compensation for those who have been injured. The law firm of Alex Yagarov & Associates will work to hold these negligent parties responsible.
Q: How long do I have to file a claim following a train accident in New York?
A: In most train accident cases, the claim is filed against a government entity such as the Metropolitan Transportation Authority (MTA) or New York City Transit Authority (NYCTA), in which case the claim must be filed within 90 days of the accident occurring in order to be entitled to compensation. Having an experienced train accident lawyer in New York is important, because if you miss the deadline, then you will not be able to claim any compensation for your injuries and damages. Filing further legal action can be done within 1 year and 90 days from the date of the accident.
Usually the statute of limitations for personal injury cases is 3 years from the date of the accident, however this only applies to non-government entities, such as manufacturers of defective parts, motorists etc.
Q: How are fatalities handled in train accident cases?
A: More often than not, train accidents result in death. If someone you love has died as a result of a train accident caused by someone else’s negligence, then you will need to contact an experienced train accident lawyer in New York and file a wrongful death claim.
A wrongful death claim will seek to pursue compensation for the loss of your family member, and may cover damages such as pain and suffering of dependents, loss of income, funeral expenses etc. The statute of limitations in New York differs for wrongful death cases, hence it is advisable to contact a good attorney as soon as possible.
Q: How is negligence proved in a train accident case?
A: Under the relevant laws of New York state, providers of these services have a responsibility and duty of care to ensure that passengers and commuters are kept safe from harm. Hence, following an accident of this nature, a train accident lawyer in New York will endeavor to prove that the responsible parties did not provide reasonable care in order to prevent an accident from occurring. All manner of evidence including witness statements, photographic evidence, statements from service provider employees etc will be used in order to prove negligence.
Q: What is meant by economic and non-economic damages?
A: Economic damages are those that have a specific financial value. These include medical bills for current and future treatment, disability, physical therapy, lost income or wages etc.
Non-economic damages are those where an exact financial value cannot be allocated. These include such things as pain and suffering, emotional distress, loss of quality of life, loss of consortium etc.
Q: How much is my train accident case worth?
A: Giving a value for a train accident can be difficult since each and every accident is different. Train accident lawyers in New York will take many factors under consideration in order to calculate the value of compensation to be claimed. These factors include, but are not limited to:
- Severity of injuries.
- Short term and long term impacts of the injuries.
- Disability and impairment caused by the accident.
- How the injuries have impacted your earning capacity.
Q: Can I be blamed for my train accident?
A: The answer is yes! Sometimes liable parties may use it as a defense tactic and try to pin the blame for the accident on you. Distracted walking (while texting or calling) etc can contribute to sharing fault in such an accident.
However, even if you are partially to blame for the accident, do not worry. This does not mean that you cannot claim compensation, it just means that the amount of compensation paid may be reduced depending on your role in the accident. In such an instance, our experienced train accident lawyers in New York will fight hard to minimize your fault and get you the maximum possible compensation for your injuries and losses.
Since 2009, we’ve been serving Queens and the other boroughs of New York with swiftness and thoroughness. We know your legal rights and can assist in recovering compensation for your injuries.
Compensation may include:
- Payment for medical expenses
- Payment for loss of wages
- Payment for emotional distress
Train-related injuries are a big problem. We want to provide you with efficient solutions so we can send you on your way with the confidence that you are in good hands.
The best law firm ever!!!!!
“I would like to thank Alex Yadgarov lawyers for doing a great job with my case. Alex and his team took very good care of me, They made all easier throughout my case and they were always their for me. ...”Bolanle J