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What to Do if You’re Injured in a Train Accident in Louisiana?

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Attorney David Laborde | Attorney Digger Earles
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On This Page
  1. Get Medical Attention for You and Other Passengers
  2. Hire a Lafayette Train Railroad Accident Lawyer
  3. File a Personal Injury Claim Within the Deadline
  4. Negotiate With the Insurance Company to Recover Compensation
  5. Learn More About What to Do if You're Injured in a Louisiana Train Accident
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

  • Medical Bills
  • Income Loss
  • Property Damage
  • Pain & Suffering
  • Emotional Distress
  • Lasting Disfigurement
What to Do if You’re Injured in a Train Accident in Louisiana?

When you’ve suffered injuries in a Louisiana train accident, the first step you should take is to prioritize your health and get a medical evaluation. When you’re aware of your health, you can safely pursue a lawsuit against the liable parties.

Our Lafayette train railroad accident lawyer from Laborde Earles explains what to do if you’re injured in a train accident in Louisiana. Read on to learn how our team, with over 250 years of combined personal injury experience, can help you after you’ve suffered injuries in a train accident.

Get Medical Attention for You and Other Passengers

Even if you weren’t in pain at the scene of the accident, it’s a good idea to get checked out by a medical professional at the scene of the accident and afterward. Some injuries may not show symptoms for weeks or months. Soft tissue injuries like strains and sprains in your back, neck, shoulders, and legs could initially feel minor but cause long-term pain and loss of mobility over time without proper treatment. 

Concussions may cause headaches or cognitive issues that present later. Internal injuries to organs like the spleen or kidneys are also difficult to detect at first. Getting a thorough medical examination right after the train accident establishes a baseline for your healthcare providers. Even small injuries your doctor documents soon after the event can be important evidence in your personal injury case down the line. 

Medical records showing continuing treatment and the causal link between your symptoms and the accident date provide objective proof of damages for you to present to the railroad’s insurance company. This medical history you obtain early on makes attributing compensation for long-term issues simpler for settlement negotiations.

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Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.

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Hire a Lafayette Train Railroad Accident Lawyer

The next step you need to take after a train railroad accident is to hire a Lafayette personal injury lawyer. Our team at Laborde Earles can help you know what to do after you’re injured in a train accident in Louisiana. A train accident lawyer can help you build a strong case that makes you eligible for compensation by helping:

Determine the Cause of the Train Accident

One of the first things our team can help you with is determining the cause of the accident. By determining the cause of the train accident, our Lafayette train railroad accident attorney can slowly begin building your case and understand what evidence we need to gather to support your claim. Some of the most common causes of train accidents in Lafayette are:

  • Vehicle collisions at railroad crossings: Many road crossings in Lafayette pose a risk, as vehicles may collide with trains due to obstructed sight lines or malfunctioning crossing signals and gates that do not warn drivers in time. Driver errors, such as ignoring signals, can also cause a collision.
  • Pedestrian incidents on the tracks: Trespassers frequently walk on the railroad tracks in urban areas like downtown Lafayette, putting them at risk. Pedestrians may cause an accident by not heeding warnings to stay off the tracks.
  • Derailments from faulty track infrastructure: Louisiana’s wet weather causes issues like track buckling or flooding over time. Defects in the track or infrastructure that are not addressed through proper maintenance can then precipitate a derailment incident.
  • Cargo securing and handling issues: As a transportation hub, improperly secured cargo in Lafayette may shift or fall during travel, endangering the moving train. Loose cargo interactions could potentially trigger an incident.
  • Equipment failures: Broken or worn parts like brakes, wheels, or bearings resulting from use over time can fail and increase the risk of an accident occurring.
  • Deferred track maintenance: Long-term maintenance backlogs in addressing infrastructure weaknesses from weather take a toll and lead to hazards.

Determine Liability for Your Injuries

After our team of Lafayette train railroad accident attorneys determines the cause of the accident, then we can help you determine the liability party for your injuries. Depending on the type of accident, any of the following parties could be liable for your injuries:

  • Railroad operators responsible for train and track operation and maintenance
  • Freight company if transported cargo caused or contributed to the accident
  • Engineer if reckless operation caused the accident
  • Passenger operators for accidents on passenger trains
  • Municipalities for failed crossing design or maintenance
  • Manufacturers possibly if a defective component caused the accident
CTA CTA

I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

Rick Smith | Client
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File a Personal Injury Claim Within the Deadline

After establishing the cause and liable parties, our team can help you file a personal injury claim after you’re injured in a Louisiana train accident. According to Louisiana Civil Code § 3492, you have two years from the train accident date to file your claim after you’ve been injured. 

Louisiana’s statute of limitations is relatively short, so filing early on can only benefit you and your train accident case. Our Lafayette train railroad accident lawyers can help determine if you have a longer or shorter time to file.

CTA CTA

The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
Call Us - (337) 777-7777 We are here when you need us the most

Negotiate With the Insurance Company to Recover Compensation

If you have been injured in a train accident, you need to work with a Lafayette train railroad accident lawyer to negotiate with the at-fault party’s insurance company. Even if the railroad or other responsible party acknowledges some liability, insurance providers will want to minimize costs. An attorney can help ensure you are fully compensated for all damages relating to the accident.

When you work with a train accident lawyer, you may be able to recover:

  • Medical bills
  • Lost wages
  • Loss of future earnings
  • Permanent disability or disfigurement
  • Vocational rehabilitation and retraining
  • Pain and suffering
  • Loss of enjoyment of life 
  • Spousal or familial loss of consortium

Our attorney will use our experience to show the insurance company evidence of how the accident has affected your quality of life, which could increase the amount that insurance companies pay for pain and suffering damages. 

We will argue that a settlement should adequately reflect your hardships. We can also negotiate on your behalf to counter any low offers and help you reach a fair resolution. Having an experienced train accident team advocate for your rights increases the chances you will be properly compensated without needing prolonged litigation.

CTA CTA

They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.

Client
Contact Us Today We will work to get you the best outcome for your case

Learn More About What to Do if You’re Injured in a Louisiana Train Accident

At Laborde Earles, we care about you and your family, which is why we take a family approach to your Lafayette train accident case. We work to make sure that you recover all of the damages you qualify for to aid in your injury recovery. 

Contact us to learn more about what to do if you’re injured in a train accident in Louisiana and how our team can help.

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Personal Injury FAQ:
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A settlement offer can be made at any point in a personal injury case until a judge or jury verdict is reached. Once the evidence and its indication of negligence and fault become clear, a settlement

Can You Sue the Federal Government for Personal Injury? Can You Sue the Federal Government for Personal Injury?

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There are two categories of damages available under Louisiana law in personal injury cases: compensatory and punitive. Compensatory damages include economic and non-economic damages; punitive

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