Have you or a loved one been in a train accident? Check out these 3 train accident tips, then give our Augusta office a call to schedule a free consultation.
1. Pedestrian Train Injury Claim
I was called recently by a widow whose husband had been killed at a railroad train crossing. She asked me whether she had a case against the railroad for her husband’s death. If you’re reading this, you may have a similar question. I’ll share with you what I shared with this widow.
Georgia is a comparative negligence state. If the widow and her attorneys can prove that the railroad is 51% or more responsible for her husband’s death at that crossing, then the widow will be able to recover for the wrongful death of her husband. Such factors to consider would be the speed of the train, whether the train blew the whistle, whether there were appropriate crossing arms at the intersection, and whether there was vegetation growing up around the intersection.
In regard to Georgia being a comparative negligence state, if the widow was able to prove that a railroad was 80% responsible for her husband’s death and the jury awarded a million dollar recovery, the widow would be able to recover $800,000 for her husband’s death as a result of the railroad’s negligence.
If you have any questions about railroad crossings, automobile or pedestrian railroad accidents, give us a call. We’d be happy to talk with you. Thank you.
2. Selecting a Train Accident Lawyer
I had a client who was recently injured as a result of train derailment chemical exposure, and they asked me how they should choose a good train derailment attorney. If you’re reading this, you may have similar questions. I’ll share with you what I shared with that client.
It all boils down to two qualities: experience and success. I recommend that you meet with a potential lawyer face to face and find out about that lawyer’s experience. Find out whether the lawyer has handled train derailment cases and whether he or she has a core practice that revolves around personal injury. Is that lawyer a trial lawyer? Do the railroad companies know that he will take the case to trial unless they offer a fair settlement? Does the lawyer run mock juries and focus groups to help present the case in a positive fashion if the case goes to trial? Does the lawyer have experience in hiring expert witnesses that have expertise involving train derailment issues?
Number two, look at the success of the lawyer. Look at the clients’ past reviews online. Look at whether the clients have had positive results, and whether others say positive things about the lawyer. Look at Google reviews, Avvo reviews, Facebook reviews. There are also lawyer-to-lawyer reviews online. Look and see whether other lawyer have given the lawyer high ratings. Sites that provide these reviews include Super Lawyer, Martindale-Hubbell, and 100 High Stakes Litigators. Look at those types of reviews and see whether lawyers respect that lawyer.
3. How Much Is My Train Accident Claim Worth?
I met with a client recently who had sustained serious injuries as a result of a train derailment in Georgia. They asked me, “How do you value our case?” If you’re reading this, you may have similar questions. I informed the client that many different factors enter into the value of a case. What caused the derailment? Was the train speeding? Were the tracks not switched over? Was the engineer being inattentive? Did the brakes malfunction? What is the cause of derailment?
The second major factor that enters into the value of a case are your clients injuries and damages. What are the medical injuries? What are the medical bills? What are the lost wages? What are the permanent limitations?
If you’ve been injured by a train derailment, please give us a call. We’d be happy to represent you.
Do you have questions about our 3 train accident tips? Contact the experienced Augusta train accident lawyers at Nimmons Malchow Johnson today for a free consultation and case evaluation.
We can help get your life back on track. Let our experience and dedication work for you.
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