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Guide to Railroad Injury Settlements and Lawsuits
The recent Glendale railroad injury settlement has mostly concluded the number of lawsuits that Metrolink faced from the infamous train accident in 2005.
However,[link widoczny dla zalogowanych], it is far from over for Metrolink as they would have to take care of the claims against them from the Chatsworth train accident next.
Train accident lawsuits and settlements are usually governed by the state where the jurisdiction of the case falls.
In California, personal injuries and wrongful death cases can be filed up to 2 years from discovery of the injury or death.
Those who were injured or the family of those who died in the Chatsworth train accident still have time to file the necessary lawsuits.
Here��s some information that may help the victims about the legal issues surrounding their case.
Personal Injury or Wrongful Death
The confusion arises when the person filing for personal injury died not during the accident but at a later date.
The difference would be upon the cause of death.
If the death was a result of the injuries the victim sustained during the train accident, then that person��s spouse or children can file for a wrongful death lawsuit against Metrolink.
However,[link widoczny dla zalogowanych], if the cause of death is unrelated to the injuries the victim sustained in the accident, then they will have no cause of action for a wrongful death claim.
The family or the personal representative of the victim, though, can continue the personal injury claim of the victim.
The liability of the defendant does not go away with the victim��s death.
Employee,[link widoczny dla zalogowanych], Passengers and Other Victims
The responsibilities of Metrolink towards the victim would depend on whether they are an employee, a passenger or a motorist or pedestrian.
The rail system has the highest level of responsibility towards passengers because trains are considered common carriers or public transportation.
As a result, it is easier for passengers to make a claim against the railroad company even if another passenger may be partially responsible for the accident.
Employees on the other hand, also have the right to claim compensation from the railroad company through the Federal Employer��s Liability Act or FELA.
However, FELA is nothing like worker��s compensation so the employee must file a personal injury lawsuit against the company to get their due pay.
Motorists and pedestrians are more complicated than the other two.
Since they are not part of the operations,[link widoczny dla zalogowanych], the train company��s responsibility toward them is limited compared to passengers.
They still do have a duty to prevent collisions between their trains and outside vehicles or pedestrians.
The traffic laws of the state may apply with the case.
Getting Help
Railroad injury settlements can be reached even before a lawsuit is filed.
However, if the lawsuit is already ongoing, then the settlement agreement has to be approved by the courts as well.
Train accident claims can also be complicated as there may be a lot of confusion on which law will apply in your situation.
It is highly recommended that you consult with a train accident lawyer before proceeding with any legal action.
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