Long Island Railroad Accident Lawyer

According to the MTA daily ridership report, almost 200,000 commuters across New York use the Long Island Railroad (LIRR) each work day. As one of the busiest commuter railroads in North America, there comes a higher risk for railroad accidents on the LIRR. If you’ve been injured in a train crash or other accident on the LIRR, you need an experienced Long Island train accident lawyer to help you get the monetary compensation you deserve.

At Rosenberg & Gluck, L.L.P., our team of personal injury lawyers has been fighting for the rights of injured New Yorkers for decades. We’re ready to put our experience to work for you and help you get the maximum compensation possible when you’ve suffered injuries in a train crash.

Table of Contents

• Common Train Accidents on Long Island
• Common Commuter Train Injuries
• What Are FELA Claims?
• Who Is Liable for Your Long Island Rail Road Collision Injuries?
• Remember the Statute of Limitations for Railroad Crash Claims on Long Island
• What Damages Can You Recover in a Long Island Railroad Crash Claim?
• Contact a Long Island Rail Road Accident Attorney

Common Train Accidents on Long Island

Railroad accidents on the Long Island Rail Road or on other commuter trains can happen in a number of ways, including:

• Derailments
• Collisions with other trains
• Collisions with vehicles or debris on the train tracks
• Slip and fall accidents
• Fires in the train or on the train tracks
• Explosions

If you’ve been injured in any kind of accident on the LIRR, our lawyers can help you hold the responsible parties accountable and get the compensation you need to cover your medical expenses, lost wages, and other damages.

Don’t wait to get started on your claim, Contact Rosenberg & Gluck, L.L.P., today to schedule a free consultation with a railroad accidents lawyer. We have offices conveniently located in Suffolk County and Nassau County and our legal team serves accident victims throughout Long Island.

Common Commuter Train Injuries

There are a variety of injuries that passengers could suffer during a train derailment or other type of accident, some of which may be life-threatening. Some common injuries our clients have suffered in LIRR accidents include:

Head injuries/ traumatic brain injuries – Head injuries are some of the most common injuries suffered in train accidents. Even a minor head injury can result in long-term cognitive problems, while more serious head injuries could result in a coma or death.

Neck and back injuries – Whiplash and other neck injuries are common in train accidents, as are back injuries such as herniated discs. These injuries can cause severe pain and may require surgery to correct.

Spinal cord injuries – Spinal cord injuries could result in paralysis, which could be permanent.

Broken bones – Broken bones are common in train accidents, particularly if there is a collision.

Internal injuries – Internal bleeding and organ damage are serious injuries that could be suffered in a train accident. These injuries may require surgery to correct and could be life-threatening.

Burn injuries – Fires and explosions are common in train accidents, which could result in severe burn injuries.

Loss of limbs – Amputation injuries could be suffered in a train accident, often occurring if there is a collision or a railroad worker caught on the tracks.

Wrongful death – Unfortunately, some train accidents result in fatalities. If you’ve lost a loved one in a train accident, our Long Island railroad accident lawyers can help you pursue a wrongful death claim.

These are just some examples. If you’ve been injured in any kind of LIRR accident or other accident while commuting to work, our lawyers can help you get the compensation you need, regardless of the extent of your injuries.

Why Injuries from an Accident on the LIRR Are Devastating

Even a minor injury from a commuter train accident could result in significant medical bills and lost wages, while more serious injuries could have a lifelong impact. Some of the ways an injury from an LIRR accident could affect your life include:

• require long-term or even lifelong care;
• result in permanent disability or disfigurement;
• prevent you from working and earning an income;
• result in mounting medical expenses and bills;
• cause pain and suffering.

If you’ve been injured in an accident on the LIRR, it’s important to get help from an experienced Long Island railroad accident lawyer who can fight for the compensation you need to cover your damages.

What Are FELA Claims?

The Federal Employers Liability Act (FELA) is a federal program that allows injured railroad workers to obtain financial recovery when they are injured on the job without barring them from suing their employer per state workers’ compensation statutes.

Railroad workers may be entitled to compensation when they can prove that the negligence of the railroad in question, their employees, or another third party is responsible for or contributed to their railroad accident injuries.

Who Is Liable for Your Long Island Rail Road Collision Injuries?

In order to obtain compensation through a FELA claim or other legal action, our team will need to establish that the negligence of another party was responsible for causing your injuries in the Long Island railroad accident. We will thoroughly investigate your accident and collect evidence to support your claim, which may include:

• The police report from the accident
• Witness statements
• Surveillance footage
• Photos of the accident scene
• Photographic evidence of your injuries

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. We will work tirelessly to get you the full and fair compensation you deserve for your injuries. Our Long Island railroad accident lawyers have recovered millions of dollars in verdicts and settlements for our clients, and we’re ready to put our experience to work for you.

Who Can Be Held Responsible?

Many different parties could share liability for your railroad collision injuries. Some parties potentially culpable in Long Island railroad crash claims include:

• The LIRR or MTA (Metropolitan Transportation Authority)
• Negligent railroad workers or railroad employees
• Equipment defects or malfunctions
• Violations of the Federal Safety Appliance Act
• Safety inspectors

Multiple parties may be involved in your claim, and our Long Island train accident lawyers will conduct a full investigation to identify all liable parties including the train operator, a negligent railroad worker, the MTA, or other parties, so that you can get the maximum compensation possible for your injuries.

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

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.

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.

Time Limits for FELA or Personal Injury Claims

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 or accident occurred
• Your status as a child or legal adult
• Whether another municipality may share blame, which could shorten your time to act

Time Limits for Wrongful Death Claims

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.

Time Limits for Municipal Cases

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.

Damages for Workers’ Comp Claims

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

Damages from FELA Claims

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 Long Island Rail Road Accident Attorney

For many people, the aftermath of a Long Island railroad accident can be absolutely devastating. But when another party’s negligence led to your injuries or the death of your loved one, you could pursue justice and compensation. A Long Island railroad accident lawyer at Rosenberg & Gluck, L.L.P., is ready to guide you through the process and help you secure the full amount of damages that you are owed.

Our team has recovered millions of dollars for our clients, and we’re not afraid to take on even the most complex cases. To schedule a free consultation with one of our knowledgeable Long Island railroad accident lawyers, call us today.

How We Can Maximize the Value of Your Case

In order to help you secure the full amount of damages that you are entitled to, a railroad accident lawyer from our team will:

Conduct a Full Investigation – We will work quickly to gather evidence and identify all liable parties.

Build a Strong Case – We will utilize our resources to build a strong case on your behalf.

Negotiate with the Insurance Companies – We will fight for a fair settlement from every insurance company involved.

Take Your Case to Trial – If necessary, we will take your case to trial to get you the best possible outcome.

Call today for a free case review with a Long Island railroad accident lawyer to get started.