Statistically train accidents are the most deadly type of public transportation accident resulting in the highest degree of catastrophic injuries and fatalities. Our train accident law firm is proud to represent victims of train and railroad accidents. One of the most common and significant questions asked by prospective clients to our attorneys during legal consultations is, “what is the value of my case” or “What is the amount of settlement am I expected to receive.” The value of a case is determined by numerous independent factors including the severity of the injury, the amount of insurance (limit of insurance) available, the level of pain and suffering, and the availability of punitive damage awards. Every case is different comprising of a unique set of factors. Thus a clear determination of a case value can only be made via a thorough case analysis during a legal consultation with a train accident attorney.
Factors Attorneys Use to Determine the Value of a Train Accident Case
Level of Harm – Type of Injury SufferedThe type and severity of the injury suffered is perhaps the most important factor in determining the value of a case. Train accident often result in serious injuries including spinal cord injury, traumatic brain injury, facial lacerations and fatalities. Less injuries resulting from train derailments and railroad related accident include back injury, cur and bruises, and broken bones. The estimated value of your injuries will be predicated upon current and future medical costs including future rehabilitation care, prescription drugs, and required revision surgeries.
Pain and SufferingVictims of personal injury caused by the negligent or intentional conduct of another are entitled to be awarded monetary compensation for the physical pan and emotional suffering resulting from their injuries. Pain and suffering calculation is often calculated using the per diem system. More on per diem calculation here.
Lost Wages and Loss of Future IncomeLost wages are calculated using past pay stubs and tax returns. In many cases victims of accidents are not able to return to the same type of work because of long term or permanent injuries and disabilities. In those circumstances vocational experts are used to determine the estimated loss of future wages and salaries resulting from the injury.
Other Important Factors:
- Availability of Punitive Damages: Awarded where an individual displays either intent to cause harm or a reckless disregard for the life and health of others.
- Comparative Fault: In some instance victims of train accidents can be held partially at fault. The percentage of total damages will be reduced by the percentage of fault. For example of a victim is 20% at fault and the total amount of damages is $100,000 the amount awarded to the victim will be $80,000.