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Train Accidents

By Francis M. Smith

Whether they serve as part of our daily commute or offer an affordable alternative to long-distance travel, of the lives of many New Jersey Residents. For some, the choice to rely on public transport including Trains is informed by the disturbing upward trend in Automotive Accidents, with many perceiving Trains being a Safer alternative to highways packed with Smartphone-wielding drivers. However, no mode of transport is perfectly safe, and the Trains are no exception. Negligence or overwork may result in operator error, and inadequate maintenance and mechanical wear may lead to equipment failure, either of which has the potential to cause an accident. Due to the high speeds and the massive size of trains, a derailment or collision of any kind has the potential to inflict catastrophic injuries on passengers and others nearby (such as travelers waiting on the train platform). Those who suffer such injuries may require extensive treatment and long periods of Healing to Recover, and even then may be left with lasting injuries. This makes it all the more important that anyone injured in a train accident be able to obtain the compensation they deserve for their injuries.

 train accidents "src =" https://www.franksmithlaw.com/hs-fs/hubfs/train%20accidents.jpg?width=300&name=train%20accidents.jpg "/> Regrettably, the injury The claim process for train accidents is not easy due to the fact that most train lines are operated wholly or jointly by governmental agencies (in New Jersey, specifically, New Jersey Transit). , regulations and bureaucracy, often with surprisingly short deadlines, the New Jersey Tort Claims Act outlines the conditions and restrictions placed on injury suits Filed against negligent government employees or agencies. ] Federal Tort Claims Act </a>which likewise governs a case against federal entities (such as Amtrak). You should discuss with your attorney who may be liable for damages in your case, to ensure that all relevant parties are named as Defendants and that the appropriate paperwork is filed in the case of government entities. Different procedures are required for federal, state or municipal, and private defendants, and failing to include any culpable party in your lawsuit may harm your ability to obtain the compensation you need. </p>
<p> One of the most important differences between lawsuits against government Actors is the notice of claim. In most injury cases, you can initiate the filing of a lawsuit right away, even if it is probable that your case will be resolved in Settlement outside of court. This ensures that your right to Sue is protected and allows your case to proceed more quickly if you need to bring it to trial. However, when seeking damages from a government agency, you must first file a notice of claim with the appropriate agency and wait for a response. On the federal level, the deadline for filing this form is two years from the date of the accident – the same as the statute of limitations for a personal injury, so this does not change the time frame in which you need to act too much. However, if your claim is against the State of New Jersey or any of its agencies or municipalities, you must file your Notice of Claim within 90 days of the accident, or risk losing your right to pursue compensation. Of course, this critical window is also likely to be when the majority of your medical treatment takes place, and when the worst of your injuries have not yet had time to heal, making it all the more necessary for you to have a personal injury attorney on your side who knows how to navigate the tort process against government Actors and Can Continue Gathering evidence and putting together your case while your claim is on hold Awaiting a response from the government </p>
<p> Catastrophic train accidents are relatively uncommon, but that does not mean that train passenger injuries are quite rare. One of the most common causes of injury for passengers on a train is the sudden stop that may result from a "near miss" when the operator has to apply the Brakes suddenly. When this happens, unsecured objects and passengers are jolted backward and forward, potentially falling to the floor or colliding with other passengers or objects. Given that most of the major rail lines that operate within New Jersey do not feature seat belts, this violent jolting can cause serious injuries, especially to the head, <a href= neck and spine even when the train itself has avoided a Collision. In these cases, having an experienced injury lawyer working on your case is particularly important because "Invisible" injuries of this kind are too often dismissed as exaggerated, when in fact they can cause lasting pain and interfere significantly in an accident victim's life if they do not receive a proper medical treatment, which in turn requires adequate compensation from the parties responsible for your injuries. The New Jersey Tort Claims Act only allows serious injuries to go forward, so it is up to your attorney to determine whether your injury is the type of serious injury allowed under the statutory and case law, and then to prove that to the Satisfaction of the government agency Sued or, failing that, the court in which the suit is filed.

All of these issues should warn anyone seriously injured in a train accident as soon as possible for guidance and advice on whether they should proceed with a claim against the operator of the train, and how.

or call me at 908-233-5800 If you or a loved one have been injured in a serious accident, please [forafreeconsultation

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