O'Mara & Padilla, Attorneys at Law
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What is involved in a train accident claim?

Traveling by train can often help you and many other California residents get to their desired destinations. You may consider this form of travel relatively safe and give little thought to potentially suffering injuries due to an accident. Unfortunately, train accidents can occur at any time for a number of reasons, and you may find yourself among those passengers who suffer as a result.

If the accident took place due to the fault of the train operator or other train company issue, you may wish to consider filing a personal injury claim against the liable parties. This type of case has similarities to car accident claims, but due to the potential for numerous injured passengers, differences also exist.

Liability cap

A liability cap refers to the maximum amount of money that an injured party or parties could gain as awards for a successful legal claim. When it comes to train accidents, that cap comes in at $200 million. If you were among numerous other people to suffer serious injuries in a train accident, you may face the risk of not obtaining compensation for the entirety of your damages. The cap would likely split among all claimants injured in the accident.

Settlement

If you do wish to move forward with a legal claim, you may consider settling before proceeding with a full-blown trial. Settlement negotiations do not always have success, but you and your legal counsel could work toward potentially obtaining a settlement amount that you find satisfactory. The defendants can counter any offer you provide, and negotiations may take time. If a stalemate occurs because you and the other parties cannot agree to a desired amount, litigation may suit your case.

Lawsuits

When moving forward with litigation, you will likely face numerous legal proceedings that relate to your personal injury claim. After filing your complaint with the court, both the plaintiff and defendants go through a discovery period in which the sides exchange evidence. Next, the evidence goes under review, the determination of agreed-upon information takes place and each side presents their arguments.

Outcomes

Once both sides have presented their cases, the court will then come to a verdict. In the event that the court holds the train company liable for your injuries, you will likely gain an award amount for compensation. However, you may wish to remember that this amount could alter in the closing proceedings of your case.

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