What Damages Are Recoverable in Los Angeles Train Accident Cases?
If a Los Angeles Metro train is involved in an accident with a motor vehicle, bicyclist or pedestrian, the victim may be eligible for damages, or financial compensation. A damage award can help a victim move forward by paying for various losses. Understanding what damages are recoverable in an LA train accident case can help you accurately valuate your specific claim.
What Is a Train Accident Case?
Los Angeles train accidents are preventable. Most of these incidents are traced back to human error, such as a negligent motor vehicle driver, careless train conductor, or poor train maintenance or employee supervision by the Los Angeles County Metropolitan Transportation Authority (LACMTA). When evidence demonstrates that negligence caused a train accident in LA, the victim may be eligible for financial damages for several related losses.
Medical Expenses
The most common type of damage recovered in a train accident case is medical costs. According to Los Angeles train accident lawyers, victim’s medical expenses can be highly expensive, depending on the level and type of injury.
If you suffer any type of injury in an LA train accident, you may be eligible for financial compensation to make up for your hospital bills, treatments, medications, physical therapy and rehabilitation. This includes future necessary medical treatments or live-in care.
Disability Costs
Collisions involving the LA Metro can be catastrophic, meaning they inflict a high level of injury on those involved. If an individual suffers a long-term or permanent disability, such as a severe spinal cord injury that causes paralysis, he or she may be eligible for disability damages. This can include lost capacity to earn a living, ongoing medical care, and home or vehicle modifications or disability accommodations.
Lost Wages
Unless you were able to return to work immediately after your train accident, you will likely be eligible for lost wage damages. If you had to miss hours or days at work to go to a hospital or heal from serious injuries, you can list this as a compensable loss on your train accident claim. A lasting disability could also qualify you for future lost earnings or diminished capacity to earn.
Property Damage
If your motor vehicle, bicycle or personal belongings were damaged or destroyed in a Los Angeles train accident, the defendant (accused party) may be responsible for paying to repair or replace them. You can be compensated for the full cost of repairs or – if your vehicle is deemed “totaled” by an insurance company – the full pre-crash value of the car.
Pain and Suffering
Noneconomic or “special” damages may also be recoverable in a Los Angeles train accident case. You may receive payment for your physical pain, emotional trauma, post-traumatic stress disorder (PTSD), distress, inconvenience, reduced quality of life, loss of consortium, chronic pain, disfigurement, and other invisible ways the accident and injury have impacted you.
Punitive Damages
In rare cases, punitive damages may be awarded in a train accident case in LA. This additional amount is only granted if the courts believe the defendant’s actions deserve penalty, such as if the defendant acted with gross negligence, recklessness, malice, fraud or oppression. Punitive damages aim to punish the defendant and prevent future such acts.
How a Train Accident Attorney in Los Angeles Can Maximize Your Recovery
Do not accept a quick settlement from an insurance provider for your Los Angeles train accident case before consulting with an attorney. A personal injury lawyer in Los Angeles can help you maximize your financial outcome with personalized and aggressive legal strategies, including taking over insurance settlement negotiations or bringing your case to trial. Contact an attorney with experience handling train accident cases for a personalized case evaluation to learn more.