Satterley & Kelley PLLC

Get A Free Consultation

855-385-9532

  • Home
  • About
  • Practice Areas
    • Asbestos-Mesothelioma
      • Asbestos Products
      • Cosmetic Talcum Powder
      • Household Exposure To Asbestos
      • Mechanic And Auto Worker Exposure
      • Mesothelioma Symptoms And Diagnosis
      • Mesothelioma Treatment Options
      • Phenolic Molding Compounds
      • Toxic Torts
      • Winning Verdicts
    • Personal Injury
      • Slip And Falls
      • Wrongful Death
      • Nursing Home Neglect And Abuse
      • Dog Bites
      • Injured Railroad Employees
      • House Explosions
      • Premises Liability
      • Product Liability
      • Liquor Liability & Dram Shop
      • Negligent Security
    • Car Accidents
      • Car Accident FAQ
      • Distracted Driving Accidents
      • Drunk Driving Accidents
      • Motorcycle Accidents
      • Truck Accidents
      • Pedestrian Accidents
      • Bicycle Accidents
      • Dram Shop Law In Kentucky
      • Teenage Drivers: A Likely Safety Risk
      • Uninsured/Underinsured Motorist Collisions
  • Video Center
  • Verdicts & Settlements
  • Referrals
  • Resources
    • Blog
    • Articles and FAQ’s
      • What is Asbestos?
      • What Causes Mesothelioma?
      • Mesothelioma symptoms
      • How is Mesothelioma Diagnosed?
      • What are Mesothelioma Stages?
      • What are the Types of Mesothelioma?
      • Mesothelioma Survival Rates
      • Mesothelioma Treatment
      • Palliative Care for Mesothelioma
    • Infographics
  • Contact Us
  • Menu Menu

You Do Not Have to Stand Alone

Know Your Rights. Call 855-385-9532 For A Free Initial Consultation

Filing an injury claim against a railroad company

August 3, 2020/in Car Accidents

Some of the most catastrophic accidents in the country are train accidents. As for those who are injured or who lose a loved one in such an accident, they may be eligible for compensatory damages. Kentucky residents should know what the process of filing a claim against a railroad company is like.

First of all, most cases end in an out-of-court settlement as railroad companies and state transit authorities usually want to avoid the negative press that would come in the wake of a trial. During negotiations, both parties will propose a reasonable amount in damages. Of course, it’s always possible that with a trial, the jury may award a higher amount, which is why some will press on with their lawsuit.

Lawsuits start with a complaint filed against the court holding jurisdiction over the accident. The defendants then file a response with their defense. Plaintiffs and defendants may exchange evidence, hearings may be held, and pre-trial motions may be made to admit or dismiss certain evidence. If a settlement is not reached, then a trial begins.

High-speed rail passengers who are injured in large-scale train accidents may not have all their losses covered due to a $200 million liability cap established by Congress in 1997. Also, injured railroad employees file a FELA claim, which is subject to different regulations.

Railroad collisions can sometimes be connected with auto accidents, in which case the process would be similar: Victims would file a claim against the railroad company and either opt for a settlement or take the case to court. Negotiating a settlement can be hard, though, and the other side could be aggressive in forcing victims to agree to their settlement offer, so it may be wise to have a lawyer. The lawyer might hire third-party investigators and medical experts to help provide evidence.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on LinkedIn
/wp-content/uploads/2020/01/logo.png 0 0 competenow /wp-content/uploads/2020/01/logo.png competenow2020-08-03 10:08:282022-11-10 02:31:26Filing an injury claim against a railroad company

Search Our Site

Recent Posts

  • Johnson & Johnson Bankruptcy and Asbestos Cases (Podcast)
  • How Does Negligent Security Happen?
  • Should the Person Serving Alcohol Have Known the Customer Was Intoxicated?
  • How Does the Kentucky Dram Shop Act Work?
  • Dram Shop Cases are Common Across the US

Categories

  • Asbestos (45)
  • Car Accidents (63)
  • Distracted driving (3)
  • Dog Bites (2)
  • Firm News (8)
  • Gas Explosions (1)
  • Injuries (1)
  • Mesothelioma (89)
  • Motorcycle Accidents (5)
  • Nursing Home Negligence (2)
  • Personal Injury (11)
  • Premises Liability (10)
  • Railroad Accidents (1)
  • Truck Accidents (11)
  • Uncategorized (26)
  • Wrongful Death (2)

Archives

KY Asbestos Exposure White Paper
Super Lawyers Badge
American Association for Justice Badge
Kentucky Bar Association Badge
Kentucky Justice Association Badge
American Bar Association Badge

You do not have to stand alone. Call 855-385-9532 to talk to a lawyer at Satterley & Kelley PLLC in Louisville.

Get Help Now

"*" indicates required fields

Disclaimer | Privacy Policy

Disclaimer*
*

Office Address

8700 Westport Road
Suite 202
Louisville, KY 40242

Louisville Law Office Map

855-385-9532

Fax: 502-814-5500

  • Link to Facebook
  • Link to Twitter
  • Link to LinkedIn
Review Us

© 2022 Satterley & Kelley PLLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy