Train Accident Lawsuit: $238 Million Global Recovery

Train Accident Lawsuit: $238 Million Global Recovery

Steven Schwartzapfel -Founding Partner Jun 8, 2022

For more than 35 years, Steven Schwartzapfel, the founding member of Schwartzapfel Lawyers P.C., has been one of New York’s most prominent personal injury attorneys. Steve represents clients in all types of personal injury cases. His experience, skill, and dedication have enabled Schwartzapfel Lawyers P.C. to recover hundreds of millions of dollars for their clients.

When you or a loved one are injured in a subway or train accident, you need to know who to call. As experienced train accident attorneys, Schwartzapfel Lawyers can represent you throughout the lawsuit process and ensure you get the compensation needed to pay for medical bills and accident-related expenses.

In fact, we’ve represented clients just like you for past train accident lawsuits. For example, one of our previous cases saw our clients receive well over $200 million in global recovery damages. For more information or free consultation, contact us at 1-800-966-4999.

Recent Train Accident Lawsuit – The Incident

Train accidents can be very serious and dangerous for all involved parties. One potentially deadly scenario occurred on May 12, 2015. Amtrak train No. 188 left Philadelphia, with New York City as its destination. However, the train never arrived due to systemic safety neglect on the part of the defendant, Amtrak.

At the time of the incident, the defendant Train Engineer operated the train at an unsafe speed of 106 mph. As our legal team discovered and proved, this was more than twice the restricted speed limit of just 50 mph. Unfortunately, the speeding Amtrak train took a known dangerous curve, leading to a crash at 9:23 PM.

Amtrak train No. 188 was carrying 238 passengers in total. Unfortunately, eight people lost their lives as a result of this incident, including our client, the Dean of Student Affairs and Enrollment Management for City University of New York.

How Schwartzapfel Lawyers Secured a Settlement

Our client’s family came to us with a wrongful death and train accident lawsuit. Immediately, our team got to work gathering evidence, speaking to eyewitnesses, and investigating the details of the case. We knew that it was important to secure as much compensation as possible for our clients and their loved ones.

To that end, we fought for our clients from start to finish and didn’t rest until we brought the defendant to court. We presented our evidence in federal court in Pennsylvania.

The Verdict

Ultimately, our work led to a historic and record-breaking total recovery of $238 million. This global recovery settlement was distributed to each of the clients on the case, including the family of our primary client, who had perished in the Amtrak accident.

New York Subway Accident and Train Lawyers

As you can see, New York train and subway accidents can be very dangerous and oftentimes debilitating. These vehicles move at dangerous speeds, and accidents can lead to serious injuries, including but not limited to:

  • Broken bones
  • Lacerations and/or bruises
  • Internal bleeding
  • Traumatic brain injury (TBI)
  • Spinal damage and/or paralysis
  • Wrongful death

These accidents can occur for a variety of reasons. According to recent estimates, over 1 billion people ride the New York subway each year. Additionally, approximately 5.6 million commuters use the New York public transportation system on an average weekday.

Therefore, the Metro Transit Authority (MTA) has an ongoing duty to ensure that its riders are protected from injuries by its vehicles as well as in and around its train stations.

Unfortunately, most MTA platforms have open designs. These allow individuals to fall, jump, or be shoved onto tracks each year. Initial impacts can be dangerous by themselves, but some victims are not able to climb to safety before a train arrives. According to recent statistics, over 50 people die each year from being hit by an MTA subway train.

Because train and subway accidents can be so dangerous, medical bills or funeral costs are also typically very high. Victims or their families are frequently unable to pay for these costs themselves. In many cases, a train accident lawsuit could be the only way for victims to stabilize financially.

How We Can Help

When you contact Schwartzapfel Lawyers for legal assistance, we can provide a lot of assistance to your case. Call 1-800-966-4999 to learn more over the phone. Alternatively, please continue reading to find out how we can fight and win for you!

Filing Your Claim

If you choose to file a lawsuit against the MTA, you must be aware of the shorter statute of limitations that applies. Unlike other personal injury cases, you don’t have several years to decide whether to file a lawsuit.

As a public benefit corporation with board members nominated by the New York State government, the MTA has different lawsuit rules. Since suing the MTA means suing a private organization, you only have 90 days from the date of your accident to file a lawsuit in the majority of cases.

Fortunately, hiring legal professionals like Schwartzapfel Lawyers means that:

  • We can file your lawsuit paperwork on time
  • We can make sure your lawsuit paperwork is filed correctly – in both form and venue – to prevent it from being sent back or outright denied

Moreover, we’ll work with you to develop a timeline for your lawsuit so you always know what’s happening and you never feel overwhelmed by the process.

Gather Evidence

We can gather evidence proving neglect or negligence on the part of the MTA, a security officer, and/or train operator, as we successfully did in the settlement case described above. In some cases, the MTA itself could be held liable or negligent for a train or subway accident. This organization has a duty to ensure that its stations and vehicles are safe at all times.

But this isn’t always the case. Some stations suffer from the following security flaws:

  • Malfunctioning security cameras
  • Broken lights, which create dark and potentially unsafe spaces
  • Obstructions that allow assailants to hide or that require MTA passengers to take unsafe routes to trains
  • Inadequate police patrols, security personnel, etc.
  • Inadequate training for train operators and other MTA-affiliated personnel

All of these flaws result in dozens of people losing their lives and many more being injured each year. When you hire Schwartzapfel Lawyers for a train or subway injury case, we collect evidence by:

  • Looking thoroughly at police reports and presenting them to the court when necessary
  • Collecting camera evidence
  • Collecting eyewitness accounts, including your own

By allowing us to gather evidence on your behalf, you can focus on recovering and spending time with your family. Remember: You don’t have to gather the evidence by yourself. Our lawyers are experienced and know what to look for and how to retrieve it in order to strengthen your train injury lawsuit.

Negotiate With Insurance

Additionally, Schwartzapfel Lawyers can negotiate with your insurance company if you have difficulty receiving a payout. Many insurance companies or agents are not on your side; they’ll do everything they can to avoid having to pay out a legitimate claim.

Instead of contacting your insurance company right after being injured, contact Schwartzapfel Lawyers at 1-800-966-4999. We can negotiate with your insurance company on your behalf and:

  • Ensure that you receive a payout for legitimately covered injuries and expenses
  • Make sure they don’t increase your premium unfairly

Again, this gives you the time and energy you need to recover from your injuries and/or grieve with your loved ones.

Fight for You in Court

More than anything else, Schwartzapfel Lawyers will fight for you in court from start to finish. From the beginning of filing your lawsuit to securing a successful outcome, we will:

  • Present evidence compellingly and effectively in court
  • Coach you if you have to make a court appearance
  • Fight to make sure that you receive the maximum damages possible for your injuries or wrongful death in your family

We’re so confident in our ability to help you secure compensation that we operate on a contingency fee basis. That means you won’t owe us a dime unless we win you damages from your lawsuit. You can even contact us for a free case evaluation and consultation, at which point we can break down your options and help you decide the best way to move forward for your family.

Contact Schwartzapfel Lawyers Today

When it comes to winning your train accident lawsuit, you deserve the best of the best. That’s why we believe you should contact us today at 1-800-966-4999. As the most experienced New York City train accident attorneys, we know exactly how to help you with your upcoming lawsuit or arbitration case.

Not only can we ensure that you receive damages to pay for all of your medical bills, but we’ll fight for you no matter what obstacles are in your path. We’ve already helped hundreds of New Yorkers in similar circumstances; let us do the same for you.

Contact Schwartzapfel Lawyers today and allow us the honor and privilege of fighting for you both in and outside the courtroom!

Sources:

Schwartzapfel Lawyers, P.C. | Fighting For You

FILING A NOTICE OF CLAIM | NYcourts.gov

MTA Data Shows How Many Times People Are Killed by Trains | NY Post

Subway and Bus Ridership for 2020 | MTA.info

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