Thousands of commuters across New York use the Long Island Railroad (LIRR) every day. Unfortunately, it is more common than you might think for passengers and workers to suffer severe injuries annually on railroads.
If you suffered injuries in a railroad collision caused by another person’s reckless or negligent conduct, you might be entitled to financial compensation. Discuss your legal options further with your railroad accident lawyer on Long Island at Rosenberg & Gluck, L.L.P.
For a free legal consultation with a railroad accidents lawyer serving Long Island, call 516-451-7900
Table of Contents
- Railroad Crash Injuries on Long Island That Could Entitle You to Damages
- What Are FELA Claims?
- Our Team Will Establish Liability for Your Long Island Railroad Collision
- New York Shared Fault Laws Could Affect Your Case
- What Damages Can You Recover in a Long Island Railroad Crash Claim?
- Contact a Railroad Accident Attorney’s Team Serving Long Island
Long Island Railroad Accidents Lawyer Near Me 516-451-7900
Railroad Crash Injuries on Long Island That Could Entitle You to Damages
Long Island railroad collision injuries can take many forms. Depending on your railroad crash, you may have suffered many different injuries. However, we see some types of injuries more often than others. These include:
- Traumatic brain injuries
- Third-degree burns
- Loss of limbs
- Post-traumatic stress disorder (PTSD)
- Back injuries
- Neck injuries
- Internal bleeding
- Spinal cord injuries
- Compound fractures and bone breaks
- Organ failure
- Disfigurement or scarring
If you suffered another type of injury not described above, you could still have the right to compensation for your injuries. Our attorneys can determine how to proceed with your case.
What Are FELA Claims?
The Federal Employer’s Liability Act (FELA) is a federal program that allows injured railroad workers to obtain financial recovery when they are injured on the job.
However, railroad workers may only be entitled to compensation when they can prove that the railroad in question, their employees, or another third party is responsible for (or contributed to) the injuries they sustained.
You can think of FELA like a type of workers’ compensation. However, FELA works differently from workers’ compensation—FELA claims are based on fault.
Our Team Will Establish Liability for Your Long Island Railroad Collision
Establishing liability is critical for many people injured in railroad crashes on Long Island. Whether you need to file a claim with an insurance company or pursue tort action, your claim may only be successful if you show another party’s negligence caused your injuries.
Many parties could share liability for your railroad collision injuries. Some parties potentially culpable in Long Island railroad crash claims include:
- Negligent railroad workers
- Railroad company breach in duty of care
- Equipment defects or malfunctions
- Violations of the Federal Safety Appliance Act
- Safety inspectors
Many individuals and entities are involved in the operation, safety, and maintenance of railroads. So, multiple parties could have contributed to your railroad collisions and injuries. This includes the railroad company, railroad employees, equipment manufacturers, and third parties.
New York Shared Fault Laws Could Affect Your Case
Many people injured in railroad crashes may hesitate to retain an attorney because they believe sharing fault for their injuries prevents them from recovering compensation.
However, New York follows a pure comparative negligence system under CVP § 1411. This means sharing fault for your railroad crash injury should not prohibit you from recovering compensation. Your percentage of liability will reduce your injury settlement, though.
You Could Still Recover Damages Through FELA if You’re Partially at Fault
Thankfully, FELA operates in the same way. Sharing liability for your injuries will not prevent you from recovering compensation through a FELA claim. However, you can also expect your injury settlement to be reduced proportionately here.
Our team can answer your questions or concerns surrounding how your compensation could be affected by sharing liability for your railroad collision and injuries.
Complete a Free Case Evaluation form now
Remember the Statute of Limitations for Railroad Crash Claims on Long Island
The length of time you have to file varies based on whether you are pursuing a traditional personal injury lawsuit or filing a claim under FELA. In either case, a statute of limitations affects the amount of time you have.
Under FELA laws, you will generally have three years to get your claim filed. New York also has a three-year statute of limitations under CPLR § 214. However, the following can change when the timeline runs out in your case:
- The date the collision occurred
- Your status as a child or legal adult
If someone you love passed away in a Long Island railroad accident, the statute of limitations may be even shorter. Under EPTL § 5-4.1, wrongful death lawsuits generally must be filed within two years. Find out how much longer you have to take action in your railroad collision case when you speak with your attorney, as certain circumstances could extend the deadline.
There may also be a municipal component depending upon the specific circumstances of your claim. Typically municipal cases must be noticed within 90 days of the incident.
What Damages Can You Recover in a Long Island Railroad Crash Claim?
When someone else’s negligence causes you to suffer debilitating injuries, you should not be stuck covering the costs. The liable party should be compelled to compensate you for your suffering.
Although FELA claims are similar to workers’ compensation, they are also significantly different in the way benefits are paid out. For many workers’ compensation claims, claimants can receive benefits for:
- Medical bills
- A portion of their lost wages
- Vocational rehabilitation
- Death benefits where applicable
However, FELA claims are different. In addition to the benefits that are awarded with workers compensation claims, FELA claimants also have a right to personal injury damages, like for losses such as:
- Diminished quality of life
- Physical pain and suffering
- Loss of companionship and love
- Loss of society and support
- Disfigurement and scarring
- Diminished earning capacity
- Future medical expenses and equipment
- Unexpected childcare fees
- Costs of household maintenance
Contact a Railroad Accident Attorney’s Team Serving Long Island
The railroad collision you were involved in may have been traumatic. But your recovery shouldn’t be. Get legal guidance and support. Contact Rosenberg & Gluck, L.L.P. to find out what your claim could be worth. Call for your no-cost, risk-free consultation when you at (631) 451-7900.
Our staff wants to add your claim or lawsuit to our list of successful cases. Our team can assist clients in Spanish as well.
Rosenberg & Gluck, LLP
1176 Portion Road
Holtsville, NY 11742
This firm was able to obtain the maximum amount possible for me…
– Craig S., Car Accident Client