South Florida Injury Attorneys Blog
Losing a loved one in a train accident can have devastating effects on surviving family members and friends. Besides dealing with the emotional trauma that often comes with a premature death, surviving family members are often left with expensive funeral costs, hefty medical expenses, loss of future income, and sometimes property damage.
What can make matters worse is when insurance companies refuse to cover the costs associated with the loss of a loved one. This is why it is important to speak to a qualified train accident lawyer who has experience working with these types of cases. An experienced lawyer will be able to negotiate with the insurance companies on your behalf to help you pursue the proper amount of compensation you may legally deserve.
If you lost a loved one in a train accident, contact the law office of Frankl Kominsky Injury Lawyers today to schedule a cost-free, initial consultation. Our skilled attorneys have in-depth knowledge of state and federal transportation regulations, insurance laws, and past cases, which can be applied to a train accident claim. There is no obligation to retain our legal services and your personal information is kept confidential.
Read on to learn more about the role insurance plays when a loved one is killed in a train accident. Depending on the details of your situation, surviving family members could be eligible to seek financial compensation to cover funeral and burial costs, medical expenses related to the train accident, loss of future wages if the deceased victim was supporting the family financially, and property damage, such as in a vehicle crash.
What is Personal Injury Protection Insurance?
Although some states may differ, Florida is considered a no-fault state, which means you must use your own insurance coverage to pay for your damages if you are injured in a vehicle crash. This is why all drivers in the Sunshine State are required to purchase the minimum Personal Injury Protection (PIP) insurance. The reason for this is to cut down on the number of claims and lawsuits that could bog down the court systems.
However, since the maximum PIP coverage will only cover your damages up to $10,000, you may need to seek alternate forms of compensation to cover the remaining balance of the losses associated with the sudden death of a loved one. Hiring an experienced attorney could help you seek compensation from multiple sources, depending on the details of your situation.
Filing a Wrongful Death Claim
While the deceased victim’s health insurance may cover medical costs associated with the train accident, you may need to pay a high deductible and you will only receive coverage up to the policy limits. Having a knowledgeable attorney review your insurance policies may be necessary, so you can pursue the full and fair amount of compensation you may need to cover loss of future income, emotional trauma, loss of companionship, and property damage.
Whether your loved one was killed as a driver or passenger on the train, and the accident was caused by the negligence of the conductor or other staff members, surviving family members could seek these additional benefits by filing a wrongful death claim against the railroad company. This is where having a lawyer on your side may be in your best interests.
Railroad companies are required to uphold certain federal standards enforced by the U.S. Department of Transportation’s Federal Railroad Administration (FRA). However, sometimes these companies have been known to cut corners and skip regularly scheduled maintenance and inspections on its cars, tracks, signals, and railway stations. The same holds true for ensuring all engineers and other workers are adequately trained and certified to do their jobs correctly. If it is found that a train accident fatality was the result of any of these situations, surviving family members may have the right to seek financial compensation from the railroad company’s insurer.
Why You Should Let an Attorney Deal With Insurers
Always remember insurance companies stay in business by saving money – not spending it. This means insurance adjusters are trained to find ways to avoid making large payouts to injured victims and their families. Unfortunately, this includes train accident claims that may have resulted in a wrongful death.
For example, if you say something to an insurance adjuster regarding the details of your claim, he or she could try to hold it against you later in court. Insurers are always looking for a reason to devalue and maybe even deny your claim. This is why it is critical to speak to an attorney before communicating with insurers about a serious train accident.
Another huge advantage in hiring an attorney is the fact that he or she will know how to accurately assess your damages. A good lawyer will calculate the damages and work with you to come up with a demand letter to send to the insurance companies involved. He or she can then negotiate with insurers on your behalf to pursue the rightful amount of compensation you may legally deserve.
People who choose a lawyer for legal representation in a train accident case usually win larger compensation awards compared to those who choose to represent themselves. At the law firm of Frankl Kominsky Injury Lawyers, our dedicated attorneys never settle for less when we fight for the rights of our clients.
Speak to an Attorney You Can Trust
While there are numerous law firms in the Fort Lauderdale area, some may not put your best interests in the forefront. If you or someone you know lost a loved one in a train accident, it is important to speak to an attorney you can trust to fight for the proper amount of compensation you may need to secure your future financially.
At Frank Kominsky Personal Injury Lawyers, our reputable team of legal professionals is available to guide you through every step of the legal process, while always keeping your best interests as our main priority. Our firm has over 40 years of combined legal experience, while obtaining more than $100,000,000 in total settlements and verdicts on behalf of our past clientele. We have handled more than 6,000 cases combined while receiving over 600-plus five-star reviews, so you can see for yourself how diligently we help our clients.
Call the law office of Frankl Kominsky Injury Lawyers today to schedule an initial claim review, which is at no cost to you. Our compassionate lawyers understand the struggles surviving family members must endure after losing a loved one in a train accident that could have been prevented, if not for the negligence of the at-fault party. Let our firm help you hold the responsible parties liable for their negligence, so you can rest assured knowing your legal rights to pursue compensation are being protected.
Frankl Kominsky Injury Lawyers are available 24/7, call us anytime at (561) 609-1948, or you can chat with an online representative to learn more.