Were you injured in a train accident in Miami, Florida? You may have the right to recover financial compensation from the at-fault parties. An experienced Miami train accident lawyer at Shaked Law Personal Injury Lawyers can help you fight to recover money for medical bills, lost wages, and more.
Since we opened our doors in 2007, we’ve recovered hundreds of millions of dollars in life-altering settlements and verdicts for our injured clients.
You can benefit from our skills and experience. If you have questions about your legal options, contact our law offices in Miami, Florida or give us a call today at (305) 937-0191 to schedule a free consultation.
How Shaked Law Personal Injury Lawyers Can Help After a Train Accident in Miami
Accidents involving trains can be extremely traumatic. Even if your injuries were minor, the ordeal can be terrifying. You may have a valid claim for compensation–but the train companies and insurers won’t make it easy to get the money you need. Instead, they’ll work hard to give you the runaround and undervalue your claim.
Our Miami personal injury attorneys at Shaked Law Personal Injury Lawyers have over 100 years of combined experience between us. We know every trick in the book. Most importantly, we know how to help you fight back.
Our legal team consists of a double board-certified trial attorney and members of the “Top 100 Trial Lawyers.” We’ve also earned a perfect-10 AVVO rating for outstanding client services.
If you hire our Miami train accident attorneys, you can count on us to:
- Coordinate our own independent investigation into the train accident
- Hire expert witnesses to help us understand the technical aspects of the crash
- Gather evidence to determine causation and identify at-fault parties
- Negotiate with the insurance company to maximize your settlement
It’s easy to be overwhelmed after an accident. The stakes are high, and you might not have much experience with the legal system. Help is just a call away. Call our Miami personal injury lawyers today to learn more about an attorney-client relationship.
How Common Are Train Accidents in Miami, FL?
Public transit has become much more popular in recent years. Today, multiple rail lines operate in Miami-Dade County.
The Miami Metrorail, Tri-Rail, and Brightline train systems criss-cross South Florida and provide connections between West Palm Beach, downtown Miami, Miami International Airport, and other Florida neighborhoods. Amtrak railroad company provides rail connections with the rest of the United States.
Unfortunately, train accidents are more common than you may think. According to National Safety Council and Federal Railroad Administration research, 757 people died in railroad accidents across the U.S. in 2020, and 5,479 people were injured.
Those figures might seem high. However, because of the COVID-19 pandemic, train accident injuries and fatalities actually sharply decreased when compared to 2019, when 7,893 injuries and 862 deaths were reported.
We Handle All Types of Train Accident Cases in Miami
At Shaked Law Personal Injury Lawyers, we handle all types of train accident claims, including those involving:
- Metrorail trains
- Tri-Rail trains
- Brightline trains
- Amtrak trains
- Silver Meteor trains
- Silverstar trains
- Metromover trains
- Gold Coast railroad trains
- Monorail trains in the Miami Metro Zoo
Things can get complicated if you were injured in a train accident. Let our experienced Miami train accident attorneys handle the heavy lifting. We’ve handled cases like yours before and know how to navigate the complex legal system.
All you have to do is give us a quick call and schedule your free initial consultation to get the legal advice you deserve.
What Is My Miami Train Accident Case Worth?
The insurance companies know how much your personal injury case is worth. After a train accident, they’ll start investigating immediately. It’s important to know your case value before accepting any settlement.
Generally, the value of your claim will be influenced by:
- The nature and severity of your injuries
- Whether you lost income during recovery
- The duration of your recovery
- The cost of medical care and out-of-pocket costs
- How your daily life was impacted
- Your emotional and physical suffering
- The strength of your negligence claim
Every situation is different. Never underestimate the damage that an injury can cause. Our lawyers can work to assess your case value and fight for every dollar you deserve. We offer a free case review, so call our lawyers in Miami today.
What Types of Damages Are Available to Train Accident Victims?
You have the right to recover economic damages and non-economic damages under Florida’s personal injury laws.
Economic damages are awarded to cover your financial costs and often include:
- Past and future medical expenses
- Lost wages
- Lost earning potential
- Property damage
- Nursing care
- Transportation to medical appointments
- Assistance with daily activities
Your personal losses, or non-economic damages, may include:
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Physical disfigurement and scarring
- Anxiety, depression, and PTSD
- Loss of consortium
If you were injured in a train accident while working, you might be entitled to benefits under Florida workers’ compensation laws.
Can I Recover Damages If I’m Being Blamed for a Train Accident in Florida?
Under Florida’s modified comparative fault law, anyone who contributes to the cause of an accident is assigned a percentage of fault. That includes injured parties. If your portion of responsibility is 50% or less, your damages will be reduced proportionally by your degree of fault for the accident. If your assigned responsibility exceeds 50%, you cannot receive a financial recovery.
While our lawyers are investigating to identify all liable parties, the insurance companies will be looking for ways to blame you for getting hurt. They may even claim that you are partly at fault for failing to mitigate your damages.
If you’re being blamed, it’s important to call a lawyer right away. We can help downplay any allegations that you share blame for your injuries.
Our Miami Train Accident Lawyers Will Fight to Recover Compensation for All of Your Injuries
Most of the time, trains are a safe way to travel. They’re also large, heavy, and operate at high speeds. So, when train collisions and derailments occur, the injuries can be devastating.
We often represent clients who have sustained severe train accident injuries, such as:
- Broken bones
- Nerve damage
- Whiplash injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Knee and shoulder injuries
- Back injuries
- Organ damage
- Crushing injuries
- Chest injuries
- Amputation injuries and loss of limbs
- Catastrophic injuries
At least 58 people have been killed in Brightline train accidents in Miami since 2017. If you lost a loved one in a fatal train accident, our lawyers can help you file a wrongful death claim for compensation.
What Causes Most Train Accidents in Miami, Florida?
Train systems are complex. Many different people are involved in operating a train. So, it makes sense that many different factors can cause a train wreck.
Some of the leading causes of train accidents in Miami include:
- Operator error
- Distracted driving
- Mechanical failures
- Signal failures
- Drivers rushing to beat a train
- Inexperienced train operators
- Fatigued drivers
- Drug or alcohol use
- Excessive speeds
- Falling onto the train tracks
- Slip and fall accidents on the train
- Failure to provide adequate warnings about hazards on the train
- Unprotected railroad crossings
- Missing guardrails, railings, and safety features
- Electrocution and electric shock
- The rail company’s failure to properly inspect and maintain the vehicle
- Failure to properly maintain the train tracks or train stations
- Defective trains and train components
Once we’ve determined how your train accident occurred, we can identify the parties who are responsible for paying your damages.
How Do I Prove Negligence After a Train Accident in Florida?
Negligence is the most common legal basis for a personal injury claim. Negligence is a failure to exercise reasonable caution.
The four elements of a successful negligence claim include:
- A legal duty of care;
- Breach of duty;
- Causation; and
- Damages, or physical, emotional, and/or financial losses.
Train operators are common carriers in Florida because they transport people and goods from one place to another. That means they’re subject to a heightened duty of care to keep others safe. That can make it easier to prove negligence in some cases.
However, these cases can also be more difficult than ordinary car accident cases. Multiple parties may be liable for paying your damages. More than one person may have been injured in the crash. Both factors give the insurance companies an incentive to fight harder to avoid paying damages.
How Long Do I Have to File a Lawsuit After a Train Accident in Florida?
The statute of limitations in most Florida personal injury cases is two years. You’ll miss the right to seek compensation if you wait longer than two years from the date of the accident.
The deadline for personal injury cases in Florida used to be four years. However, on March 24, 2023, the state revised the law, giving injured people less time to file their lawsuits for damages. Thus, if your Miami train accident happened after 3/24/23, you’ll need to adhere to the two-year limitation period.
If the train was operated by Miami-Dade transit authorities, you’ll have even less time to take legal action.
We highly recommend consulting a lawyer quickly after a train crash. The insurance companies will send a team to investigate immediately. Evidence can easily be lost or destroyed. Our lawyers at Shaked Law Personal Injury Lawyers can go to work immediately, so give us a call for a free case evaluation today.
Contact a Miami Train Accident Lawyer for a Free Consultation
At Shaked Law Personal Injury Lawyers, we handle all train accident claims in Miami. If you were injured, call today for a free consultation with an experienced Miami train accident lawyer. Our lawyers are ready to fight for the maximum compensation you deserve.
Our personal injury law firm in Miami, FL also provides:
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