Protecting Whistleblowers & The Injured

How can I prove negligence in my railroad injury claim?

On Behalf of | Oct 20, 2021 | Fela Claims

If you are hurt in a railroad accident, you may be eligible for compensation for your damages. However, like with many legal processes, you must prove that the railroad company breached a legal duty of care they owed to you and that it is this breach that was the probable cause of your injury. 

Connecticut civil torts involving railroad injury claims are quite complex. This, in turn, makes resolving railroad injury claims extremely difficult. Consequently, most injury victims end up not receiving the compensation they deserve for their injury and damages. 

What do you need for a winning claim for railroad injury compensation?

To successfully resolve your claim following a train accident, it is important that you file your claim as soon as possible. With the help of your legal representative, you will need to put together your evidence and file the necessary paperwork before the end of the statute of limitations period. Here are the key elements you will need to prove during your railroad accident claim:

A duty of care was owed

The railroad company had a duty to protect you as its employee while operating or repairing the railroad. This duty includes providing proper training and equipment to ensure that the employee performs their duties in a safe manner. 

There was a breach of that duty

Next, you must prove that the railroad company breached their duty of care by failing to provide either the necessary training or equipment that would have otherwise prevented the accident that resulted in your injury. 

The breach was the cause of your injuries

You must provide a direct link between the railroad company’s negligent act and your injuries. 

You have damages as a result

Finally, you must provide a link between the accident that caused your injury and the monetary damages you incurred. To prove this, you will need to provide documentation of your hospitalization bills as well as any other related medical expenses. 

A railroad accident can turn your life upside down. If you have been hurt in a railroad accident, it is important that you understand what you need to prove your case and get the compensation you deserve for your injuries. 

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