What to Expect When Pursuing a Personal Injury Claim After a Train Accident
Train accidents are some of the most frightening and devastating events a person can experience. Whether you're a passenger, a bystander, or a motorist at a crossing, the injuries and trauma can be life-altering.
In Chicago, Illinois, we've seen how train-related incidents can disrupt lives and create uncertainty for families. At Alberts Curran & Eiler P.C., we know the toll these accidents take, and our attorneys are here to help people understand what lies ahead when they decide to pursue a personal injury claim.
Our goal is to offer real guidance and support from the moment you reach out. Train accident cases are different from other types of accidents because they often involve multiple parties, government agencies, and serious injuries.
When you work with us, we focus on your recovery, your rights, and seeking justice. Our firm is here to stand beside you every step of the way.
What Makes Train Accident Claims Different
Not every accident involves a vehicle weighing hundreds of tons traveling at high speeds. Train accidents often result in severe injuries or fatalities, and they may involve local or federal agencies. These cases also come with unique challenges related to liability and jurisdiction.
Trains are frequently operated by government or semi-government entities, meaning different rules may apply. There may be multiple insurance policies involved, and gaining access to evidence can take longer. Most importantly, the injuries involved are typically far more severe than in typical car accidents, which makes the stakes much higher.
Common Causes of Train Accidents
Before we begin your case, we take time to identify exactly what caused the crash. This isn't always obvious, and it may involve multiple contributing factors. Our firm investigates everything thoroughly to determine who should be held responsible.
Leading causes of train accidents include:
Operator fatigue or human error
Mechanical breakdowns or equipment failures
Signal or communication errors
Faulty track design or maintenance issues
Hazardous crossings or obstructed tracks
Each contributing factor plays a role in establishing liability and determining the most appropriate course of action for your personal injury claim.
Who Can Be Held Liable
In train accident cases, several parties may be responsible. We don't stop at surface-level explanations; we dig deep to find out who played a part in the incident and who should be held accountable.
Potentially liable parties include:
The train operator or conductor
The company or agency managing the train line
Equipment manufacturers or maintenance contractors
Designers or engineers responsible for safety systems
Third parties, such as negligent drivers or pedestrians
Our investigation is always focused on establishing the facts, preserving evidence, and holding every negligent party accountable.
What You Should Do After a Train Accident
After a traumatic event, it’s hard to know what to do next. But the steps you take immediately after a train accident can have a big impact on your health and your personal injury case. The most important thing is to seek medical attention right away, even if you don’t think you’re seriously injured.
Some symptoms take time to appear. Be sure to report the incident to authorities and, if possible, take photos or videos of the scene. Hold on to any medical records and try to get contact information from other witnesses. Before speaking to any insurance adjusters, call a personal injury attorney. That one step can make a big difference.
Types of Injuries Victims Often Experience
Train accidents often result in serious injuries that change lives forever. These injuries may require long-term care and dramatically affect your ability to work or enjoy life.
Common injuries from train accidents include:
Traumatic brain injuries and concussions
Spinal cord damage and paralysis
Fractures, crush injuries, and amputations
Burns, lacerations, and internal trauma
Psychological injuries such as PTSD and anxiety
We work closely with medical professionals to understand the full extent of your injuries so we can seek compensation that reflects every aspect of your recovery.
Building Your Personal Injury Case
Once we understand your injuries and identify who's liable, we focus on gathering evidence and building your case. A strong personal injury claim relies on proving negligence and showing how the accident impacted your life. We start by collecting your medical records and bringing in expert opinions to explain your injuries.
We also look for videos or photos of the accident scene and gather official records from the train company. Witnesses often provide essential information, and when needed, we review surveillance footage or black box data to complete the picture. Our goal is to create a compelling case that reflects the full extent of your losses.
What Damages Can Be Recovered
Pursuing a personal injury claim after a train accident isn't just about pointing fingers. It's about making sure you're fairly compensated for everything you've lost—and everything you still need to recover.
Types of compensation may include:
Past and future medical bills
Lost wages and diminished earning potential
Physical pain and emotional suffering
Permanent disability or disfigurement
Loss of enjoyment of life and relationships
Every claim is unique, and we tailor our strategy to reflect your specific situation and long-term needs.
Challenges You May Face
Train accident claims come with real challenges. We're upfront about those hurdles so we can prepare for them together and keep your case moving forward. One of the most difficult aspects is gaining access to key evidence, especially when it's held by rail companies or public transit authorities.
These organizations don’t always cooperate quickly. Insurance companies may also attempt to shift blame or offer lowball settlements. When a government agency is involved, legal doctrines like sovereign immunity can complicate matters. But these obstacles don’t stop us. We have the experience to respond effectively and keep your case moving in the right direction.
Why Legal Representation Makes a Difference
Trying to handle a train accident claim alone can be overwhelming, especially while you or a loved one is still recovering. That’s why having a personal injury firm on your side is so valuable.
Benefits of hiring experienced legal counsel include:
Help with paperwork and legal filings
Access to medical and accident reconstruction experts
Protection from lowball insurance tactics
Support during negotiations or trial preparation
Guidance tailored to your unique case
Our legal firm isn’t just here to manage your case—we're here to advocate for your future. When trial becomes necessary, we’re ready to take your case as far as needed to fight for your rights and seek justice.
What to Expect From the Legal Process
Many people wonder what happens after they hire us. While every personal injury case is different, there are certain steps most train accident claims follow. We begin by evaluating your case and gathering as much evidence as possible. From there, we may engage in pre-litigation negotiations with the insurer.
If a settlement can't be reached, we file a formal lawsuit and begin the discovery process, which involves exchanging information and evidence with the other side. We continue to negotiate while preparing for trial, always keeping you informed about what to expect and when. You won’t be left in the dark.
Contact Us to Take the First Step Toward Justice
If you've been hurt in a train accident, the decision to pursue a personal injury claim is the first step toward rebuilding your life. At Alberts Curran & Eiler P.C., we’re ready to help you take that step with confidence. We're proud to serve the entire state of Illinois, including Cook County, Lake County, Dupage County, and Will County. Contact us today to learn how we can help you recover, find accountability, and move forward.