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Who should I talk to following a train
accident?
Who is liable for paying for my physical injuries
as well as any personal property damage?
Should I take the settlement the carriers' insurance company
is offering me?
What issues will I face in making a claim for my
injuries sustained in an train accident?
What if I cannot afford to pay my medical
bills?
When will my personal injury claim be
resolved?
What is a permanent injury?
I did not feel pain at the scene and refused
medical treatment. Now, a few days later I am in pain. What
should I do?
Who
should I talk to following a train
accident?
After a catastrophic event, many people will
want to talk to you. Federal, state and local law
enforcement agencies and representatives of the individuals or
companies involved in the event, and the media. All of
these people usually possess extensive training for
dealing with a catastrophic disaster of this nature.
If
you are not severely injured, keep a daily journal beginning with
the date
of the accident to document all physical and mental injuries,
as well as document your view of the accident.
Inform the law enforcement agencies of the
events of the accident that you can recall.
Be cautious in dealing with
representatives of companies involved in catastrophic
disaster. Also, caution and judgment should be exercised in
dealing with representatives of insurance companies.
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Who is
liable for paying for my physical injuries as well as any
personal property damage?
The appropriate amount of
compensation to which you are entitled and the appropriate
time to discuss settlement or the initiation of a lawsuit are
questions best answered by a lawyer you select to represent
your legal rights.
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Should
I take the settlement the carriers' insurance company is offering
me?
You
should not take any settlements offered by an insurance
company without first speaking with an experienced
Massachusetts personal injury lawyer. Insurance companies
typically offer a minimal amount of money in return for your
signature stating that you will not sue them. Never take an
insurance check without first consulting an attorney.
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What
issues will I face in making a claim for my injuries
sustained
in a train accident?
The
three categories of issues that typically arise in a tort
claim after an train accident are:
• Liability – who is at fault and to what degree
• Damages – injuries or losses that were caused by the
accident
• Insurance Coverage – what the insurance company will pay
for after an accident
A claim for injuries usually is based upon carelessness or
negligence. In worse case scenarios, it involves an
intentional or reckless act.
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What if
I cannot afford to pay my medical bills?
If
you suffer injuries from a car accident, you will likely have
medical bills from physicians, hospitals, physical therapists,
and other health care providers. Under Massachusetts’s law,
you are primarily responsible for paying your bills,
regardless of the cause of your injuries. The at-fault
person's liability insurance carrier is responsible
for paying
you reasonable compensation for damages incurred, which
includes medical bills, but the insurance carrier is not
responsible for paying your doctors, hospitals, and other
providers. Sometimes the amount the insurance company is
willing to pay is far less than the actual amount you owe.
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When
will my personal injury claim be resolved?
Personal
injury claims can be resolved in a matter of a few weeks or
months. However, they can take up to several years depending
on the complexity of the case. It is best to speak with an
experienced Massachusetts personal injury attorney about your
specific case.
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What
is a permanent injury?
A
permanent injury is an injury that will be with you for the
rest of your life or for some period beyond the settlement of
the claim. In most cases, the injured party is entitled to
compensation from the at-fault party or their insurance
company for all medical bills incurred to date and into the
future for all injuries caused by the accident.
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I did
not feel pain at the scene and refused medical treatment.
Now,
a few days later I am in pain. What should I do?
You
should immediately consult your medical provider regarding any
pain, discomfort or possible injuries from an accident,
even if you think they may be only minor injuries. Even if you
did not complain of injuries at the scene of the accident,
you may be entitled to payment of your medical bills,
compensation for pain and suffering, lost wages, loss of
earnings capacity, and emotional distress due to personal
injuries. You should consult an experienced Massachusetts
personal injury attorney to discuss whether you need representation
on your claim.
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