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Outcomes in litigation re railroad accidents vary by incident


Anyone who works or has worked on a Connecticut railroad likely understands the tremendous risks often involved in such work. Railroad work is considered one of the most dangerous lines of work in the nation; however, not all railroad accidents involve railroad employees. Sometimes, others nearby, such as pedestrians, are injured as well.

In the aftermath of a railroad accident, several things might occur. First, if anyone suffered moderate to severe injury, there may be a lengthy recovery period; in fact, many railroad collisions result in catastrophic injuries where those affected never fully physically recover. In such situations, when another party or parties is deemed negligent, litigation is often pursued.

Sometimes, a settlement between parties is reached before ever stepping foot inside a courtroom. This is often an outcome achieved through skilled negotiation. There are also situations where settlements are reached after the court has ruled; this is often done as a means of avoiding appeal. Other situations are not so negotiable, leading to aggressively litigated exchanges in court.

Another facet of litigation surrounding railroad accidents involves an employee’s right to sue an employer for personal liability, which typically does not exist in workplaces where workers’ compensation is available.  Various factors may prove influential in a particular court ruling (whether a worker is suing an employer or a train passenger or other person is seeking damages against a railroad company), such as eyewitness testimony. Medical evidence or other third party accounts may also be significant in a particular instance. A Connecticut attorney with railroad accident litigation experience can explain the process of filing a personal injury claim.

Source: FindLaw, “Train Accident Lawsuits and Settlements“, Aug. 15, 2017

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