Pain and Suffering Resulting From Train Accidents

As reported by the Federal Railroad Administration - Office of Safety Analysis, there were 47 train accidents between 2012 and 2016 in the state of Alaska. The basic causes of the train accidents were:

- Coupler drawhead broken or defective
- Failure to secure engine
- Derailment; failure to apply or remove
- Shoving movement, absence of man
- Snow, ice, mud, gravel, coal etc. on tracks
- Switch connect, operate rod broke or defect
- Switch part gap
- Other miscellaneous causes

While the number of train accidents in the last five years is well below the one hundred mark, this does not negate the presence of injuries sustained as a result of train accidents in Alaska. It must be noted that it has been reported that each year they are over 1000 injuries associated with train accidents in Alaska. Due to the sheer power of a train, any form of train accident may have injuries that can be as minor as a few scrapes and bruises to as severe as paralysis and catastrophic injuries. This article will discuss pain and suffering associated with train accidents and factors at play in a pain and suffering injury claim.

According to the Cornell Law School - Legal Information Institute pain and suffering is defined as, “the physical or emotional distress resulting from an injury. Though the concept is somewhat abstract, the injured person (the plaintiff) can seek compensation in the form of cold, hard cash. How much the defendant owes for pain and suffering is calculated separately from the amount owing for more direct expenses, such as medical bills or time lost from work although sometimes these amounts are considered to arrive at a logical figure.” Pain and suffering is a non-economic damage as it is hard to put a dollar figure on it. It usually includes all physical pain and discomfort associated with an injury and discomfort as a result of necessary medical treatment, for example pain associated with necessary surgery. However, pain and suffering also includes emotional distress, anxiety, worry, frustration, depression and other negative effects of the accident and injuries.

If you have been injured in a train accident and you were not the train operator then you should receive some compensation for your pain. While it is hard to say whether a defendant or their insurance company will make an offer quickly or not, the question is: how much should you be compensated for pain and suffering? It’s no easy task to put a dollar figure on your pain and suffering or on how the train accident impacted your daily routine and life. However, there are a number of factors that come into play when trying to calculate pain and suffering. Some of these include the following:

- The severity of your injuries
- The amount of pain and discomfort typically associated with those injuries
- The impact of your injuries on your job and quality of life
- The nature and scope of medical treatment necessary for your injuries, this can include surgery
- The speed of your recovering from your injuries

For advice regarding injuries resulting from train accidents, seek out an experienced train accident attorney in Ak.
 
For information on compensation for accident related injuries, the author of this article recommends Crowson Law Group