Train Accident

You’ve Been Injured. What Next?

Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.

When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.

The Face to Face Meeting

You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.

Read more…

Plan For Fun. Prepare for Adversity.

The holiday season is upon us, and for many Southern California families holiday tradition sometimes means travel, whether driving to a nearby city to visit parents and grandparents, or flying across the country to participate in a large family gathering. In either case, there are potential stresses and hazards that can be mitigated, or even avoided altogether, with a little careful planning beforehand.

The Winter Roadtrip

If you’re planning to drive to your holiday destination keep in mind that winter driving conditions, even in parts of California, are the most dangerous. Auto accidents related to driving in snow and ice result in 6000 deaths each year in this country. Another half million Americans are injured, according to The National Center for Atmospheric Research.

A Holiday Travel Checklist

The Mandell Law family wants your holiday trip to be as safe, happy, and stress-free as possible, so here are a few tips that can help you enjoy a warm and joyous holiday trip.

Read more…

Ensure Your Best Possible Recovery ~

It can certainly be a life-altering event, and the first thing you should know about spinal cord injury is that it does not always present symptoms immediately after sustaining damage. If you suffer a head, neck, or back injury, even if you feel that it’s minor, get the opinion of a qualified health care professional immediately. If you or a loved one has suffered a spinal cord injury, you should know what steps to take to ensure that you’ll receive the best medical care and rehabilitation efforts.

All brain injuries and injuries to the spinal cord are potentially dangerous. They can cause excruciating pain, take away your freedom of movement, speech, or hearing, and can even result in death. If you suffer an injury to the spinal cord due to an accident, on the job or elsewhere, you’ll not only need excellent medical attention but also the counsel of a skilled personal injury attorney. More often than not, there will be an intimidating maze of legalities that must be dealt with before you can get on with treatment and recovery.

Things to Keep in Mind

After you or a loved one has been diagnosed with a spinal cord injury, take the following steps to ensure that you won’t be left without help and without the means to ensure your best possible recovery.

Read more…

California Congressman Elton Gallegly wants to raise the limit on damage payouts to victims of the 2008 Chatsworth, California train crash from $200 million to $500 million, according to MercuryNews.com.

In 1997, a federal law set a liability cap for any passenger train accident at $200 million. In September 2008, a Metrolink train ran a red light and hit a Union Pacific train in Chatsworth. The driver, provided by Connex Railroad, was believed to be texting moments before the crash occurred. Metrolink and Connex have accepted the $200 million in liability, but the settlement has not yet been approved with the court. The California train accident killed 25 people and injured over 100, many of them critically.

According to Rep. Gallegly, the $200 million cap won’t meet the medical needs of the survivors of the wreck. Gallegly’s proposal would amend the law to lift the damages cap to $500 million if gross negligence or willful misconduct was the cause of an accident. This bill would apply retroactively to 2008 specifically to cover the fatal Metrolink train crash.

Many attorneys doubt that the cap can constitutionally be lifted retroactively. In addition, there is some question about whether the federal limit applies to accidents in which no Amtrak trains are involved.

This tragic California train accident could have so easily been prevented. If you or someone you know has been injured in a San Fernando Valley transportation accident, contact the experienced Chatsworth accident attorneys at the Mandell Law Firm. Our attorneys have extensive experience in obtaining compensation for accident victims. Call us today at 818-886-6600.

A settlement has finally been reached for those injured or killed in a train accident in the San Fernando Valley in 2008, according to the Los Angeles Times. A commuter train and a freight train collided head-on in the accident. The Chatsworth train crash is believed to have been caused when the commuter train’s engineer was texting and ran a red light. The engineer was killed in the collision.

Under federal law, the maximum that can be recovered in a train accident is $200 million. Metrolink and Connex Railroad, the two rail companies involved in the California train accident, agreed to a $200 million settlement. The accident killed 25 people and injured over 100. The settlement is expected to be the largest single train accident settlement in history.

Under the terms of the settlement, a compensation fund will be established to resolve all claims. Both rail companies will pay an undisclosed amount into the fund, as well as several insurance companies. An officer of the court will determine the allocation of the fund to the families.

This collision was especially tragic, not only because it took 25 lives and injured over 100 individuals, some very seriously, but because it could easily have been prevented. Texting while driving is a deadly distraction, especially for passengers and drivers of major modes of transportation.

If you or a loved one has been injured in a train crash, an experienced San Fernando Valley train accident attorney can help you obtain compensation from negligent parties to offset medical bills, lost wages, and other expenses. The legal team at the Mandell Law Firm can help, and have extensive experience in a variety of personal injury cases. Call for a free consultation today at 818-866-6600.

Another extremely sad story of a teenager who apparently purposely sat or jumped in front of a passing Caltrain was reported on the sfgate.com website. The teenager was a girl, age 13 and the accident happened on the East Meadow Drive track crossing in Palo Alto. Christine Dunn, Caltrain spokeswoman, stated that the accident happened at 10:45 pm and that it looks like it was on purpose. Dunn also told reporters that a suicide note was found on the scene but gave no further details.
Dunn said, “This is a very sensitive issue.”

The same spot has tragically seen two other 17 year olds take their own life but Dunn refused to call them suicides. The first accident happened on May 5 and the second on June 2.

Dunn pointed out that Caltrain has posted signs in the area where the accidents are taking place, with a suicide prevention hot line number and that they are engaging with the public to establish if something more can be carried out to halt these terrible deaths.

Due to the high volume of trains in use, train accidents have become increasingly regular occurrences in the United States today. Although transportation has evolved since the inception of the train, mistakes made by drivers or train part defects can contribute to accidents, among many other influences. We all know that trains are a cost-effective means of moving people, goods, including hazardous materials, across the country. However, this does not stop trains from being involved frequently in accidents that critically injure passengers and other non-suspecting persons.

At the Mandell Law Firm, our Chatsworth Metrolink train accident lawyers understand that the recent spate of train accidents has Southern Californians concerned. The Mandell Law Firm has the experience and knowledge that is required to effectively pursue all types of personal injury cases, including train injury. We will thoroughly investigate every aspect of your claim while the evidence is still fresh. If you have been injured, please call the Mandell Law Firm today at 1-818-886-6600 for a free and confidential consultation.

Source:http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/08/23/BATA19CFHF.DTL&type=printable

The Washington Metro crash last month (the area’s deadliest to date) that killed 9 people and injured 76 others will cost the insurance company American International Group Inc., insurers at Lloyd’s of London, and several other companies, at least $100 million in claims. The exact amount is not known yet and hinges on a few factors such as loss of expected lifetime earnings, estimates of medical care, and the degree of the Washington Metropolitan Area Transit Authority’s negligence.

This high cost will most likely prompt insurers to raise their rates on coverage. A Manager for a New York based broker Marsh & McLenna Co. Insurers’ said, “Underwriting criteria will get more strict.” And this in turn may prompt the transit agencies to buy new safer equipment. Washington, DC officials have ordered an “urgent” review of the Metro rail system in order to ensure that trains do not crash.

Operating several thousand tons of moving train cars requires the utmost concentration and diligence. Yet all too often, operator negligence and defective train parts are found to be at the root of a train accident. Although much is made of the operator’s responsibility for the safety of passengers and the general public, a large team of professionals are also involved in keeping a train running safely. Investigators are continuing their efforts to determine the exact reason of this tragic train accident which should not have happened in the first place.

At the Mandell Law Firm, our Chatsworth train collision attorneys understand that the recent rise in train accidents, not just in Washington, DC, but the Nation’s deadliest train accident which happened here in Los Angeles, has many Californians concerned. The Mandell Law Firm has the experience that is required to effectively pursue all types of personal injury cases, including serious train injury. We will thoroughly investigate every element of your claim to make sure that your rights as a train injury victim are protected at all times. Please call the Mandell Law Firm today at 1-818-886-6600 for a free consultation.

Source report:http://www.bloomberg.com/apps/news?pid=20601087&sid=aHTaxTWmLmzY#