Can I sue for injuries suffered in a train incident?
Question Details: On Memorial Day this year, at precisely 10:30 pm, I was hit by a train. I was totally off the tracks. I was swept up by the speed of the train going by and thrown backwards. I was also being followed. I sustained major injuries, including spinal damage. I had major surgery and spent 2 weeks in the hospital.
Prior to filing a lawsuit against the train, it may be possible to settle the case with the train's insurance carrier.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the train's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement
If the case is settled with the train's insurance carrier, no lawsuit is filed.
If you are dissatisfied with settlement offers from the train's insurance carrier, reject them and file a lawsuit for negligence against the train.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.