If a loved one has tragically died as a result of a railroad accident, it’s crucial to work with an attorney for railroad fatalities who can guide you through the complex legal process of seeking justice and compensation. Railroad fatalities often involve significant liability issues, such as railroad company negligence, unsafe track conditions, faulty equipment, or failure to follow safety protocols. In cases of fatal railroad accidents, family members can pursue a wrongful death claim to recover compensation for funeral expenses, loss of income, emotional suffering, and more.
Here’s how a railroad fatality attorney can assist you and a list of top law firms that specialize in railroad fatality cases.
How an Attorney for Railroad Fatalities Can Help
1. Investigating the Cause of the Fatal Accident
Accident Investigation: Railroad fatalities can be caused by various factors, including defective equipment, human error, track maintenance failures, and inadequate safety protocols. An experienced lawyer will investigate the cause of the accident to determine who is responsible for the death.
Gathering Evidence: The attorney will gather critical evidence such as accident reports, witness statements, black box data, surveillance footage, and expert opinions from engineers and safety experts to establish fault.
2. Determining Liability
Railroad Companies: In many cases, the railroad company may be liable for the fatal accident due to negligence. This can include improper maintenance of the tracks, failure to adhere to safety regulations, or failing to train employees adequately.
Equipment Manufacturers: If the fatality was caused by defective or malfunctioning equipment, such as faulty brakes or signaling systems, the equipment manufacturer or maintenance provider may be held accountable.
Government Entities: In some cases, the government may be responsible, particularly if the fatality occurred at a railroad crossing with inadequate signals or safety barriers.
Third Parties: Contractors or third-party vendors responsible for maintaining tracks or equipment may also be found liable for railroad fatalities if their negligence contributed to the accident.
3. Pursuing Compensation for a Railroad Fatality
Wrongful Death Claims: In cases of railroad fatalities, family members may file a wrongful death claim against the responsible parties. This can help recover compensation for funeral expenses, lost financial support, and the emotional distress caused by the loss.
FELA Claims (For Railroad Workers): If the deceased was a railroad worker, the family may be entitled to file a FELA (Federal Employers Liability Act) claim. FELA allows family members of deceased railroad workers to seek compensation if the employer’s negligence contributed to the fatality.
Loss of Consortium: Family members, such as spouses or children, may claim compensation for the loss of companionship, guidance, and support following the death of a loved one.
4. Filing a Lawsuit
Wrongful Death Lawsuit: A wrongful death lawsuit can be filed to seek damages from the party responsible for the fatality. If the evidence shows that the railroad company or another party’s negligence caused the fatal accident, your lawyer will help you pursue justice in court.
FELA Lawsuit: For railroad workers, if the death occurred as a result of employer negligence, the family can file a FELA lawsuit against the employer for compensation.
5. Negotiating Settlements
Insurance Negotiations: Railroad companies often carry insurance for accidents, but they may attempt to offer a settlement that is less than what you deserve. An experienced lawyer will help negotiate a fair settlement that fully compensates for the loss.
Court Representation: If a fair settlement cannot be reached, your attorney will represent you in court, advocating for the compensation you deserve.
Top Attorneys for Railroad Fatality Cases
1. Romanucci & Blandin, LLC
Location: Chicago, IL
Overview: Romanucci & Blandin has extensive experience in representing families of victims who have died in railroad accidents. The firm handles complex wrongful death claims and FELA lawsuits and has secured substantial settlements for families.
Specialty: Railroad fatalities, wrongful death, FELA claims, catastrophic injuries.
Website: rblaw.net
2. Schlichter Bogard LLC
Location: St. Louis, MO
Overview: Schlichter Bogard has a proven track record of successfully representing families in railroad fatality cases. They focus on FELA claims and wrongful death lawsuits for those who have lost a loved one due to a railroad accident.
Specialty: FELA claims, wrongful death, railroad accident liability.
Website: uselaws.com
3. Brain Injury Law Center
Location: Nationwide
Overview: While specializing in catastrophic injuries, the Brain Injury Law Center also represents families in railroad fatality cases. They focus on ensuring fair compensation for those who have lost a loved one due to the negligence of railroad companies.
Specialty: Railroad fatalities, traumatic brain injuries, wrongful death.
Website: brain-injury-law-center.com
4. Martin & Jones, PLLC
Location: Raleigh, NC
Overview: Martin & Jones is an experienced law firm that handles wrongful death cases resulting from railroad accidents. They are well-versed in FELA claims and have successfully represented families who have lost loved ones in train crashes.
Specialty: FELA claims, railroad fatality cases, wrongful death, catastrophic injuries.
Website: martinandjones.com
5. Hoey & Farina, P.C.
Location: Nationwide
Overview: Hoey & Farina specializes in FELA lawsuits and wrongful death claims arising from railroad accidents. They have decades of experience in handling complex railroad injury and fatality cases.
Specialty: FELA claims, train derailments, wrongful death, catastrophic injuries.
Website: hoeyfarina.com
6. Wettermark Keith Personal Injury Lawyers
Location: Chattanooga, TN
Overview: Wettermark Keith has represented many families in wrongful death cases caused by railroad accidents. They have secured significant settlements for families of victims who died due to the negligence of the railroad company.
Specialty: Railroad accidents, wrongful death, FELA claims.
Website: wkfirm.com
Steps to Take After a Railroad Fatality
Seek Legal Advice: As soon as possible, consult with an attorney specializing in railroad fatalities. They will guide you through the legal process, including filing claims and lawsuits.
Report the Fatality: If the death occurred in a workplace accident, it’s important to notify the railroad company, file necessary reports, and document the circumstances of the incident.
Gather Documentation: Work with your lawyer to collect all necessary documentation, including accident reports, witness statements, and medical records related to the death.
File a Claim or Lawsuit: Your attorney will help you file a wrongful death claim or a FELA lawsuit on behalf of the deceased, seeking compensation for funeral expenses, loss of income, and emotional suffering.
Follow Your Lawyer’s Advice: Your attorney will help you negotiate with the railroad’s insurance company or represent you in court, ensuring that the responsible parties are held accountable.
Conclusion
If you’ve lost a loved one in a railroad accident, it’s essential to consult with an attorney for railroad fatalities to protect your legal rights and pursue compensation for the loss. The law firms listed above specialize in wrongful death cases and FELA lawsuits for families who have suffered due to railroad accidents. They will guide you through the legal process, fight for fair compensation, and hold negligent parties accountable for their actions.