Train accidents usually cause substantial damages, as well as large numbers of injuries and deaths. When negligence was involved, victims will be able to seek restitution for their damages from the at-fault party (usually the train company).
There are several types of legal action that might be suitable to recover your damages after a train accident, including class action lawsuits and individual personal injury or wrongful death lawsuits.
Which might work best for you depends on the details surrounding your injuries. In most cases involving unique or considerable personal injuries, filing an individual claim is usually the most advantageous route. If you call Cordisco & Saile LLC and schedule a free consult with one of our train accident lawyers, we can determine which type of action is best for you.
Elements Necessary to File a Class Action
Class actions are a type of lawsuit in which multiple claimants hold one defendant responsible for the harm they’ve suffered in a single lawsuit. The claims and rights of the plaintiffs will be decided altogether. For instance, there is a limit on accident claim payouts per crash for trains.
Usually, class action lawsuits are really only suited for personal injury and product liability cases that involve a product recall or defective product, or some type of large scale accident, such as a chemical leak or toxic spill.
To file a class action lawsuit, the four elements must be met.
- Number of claimants: While there is no specific number of people that must have been injured to justify a class action, filing a class action is only appropriate when a number of individual claims would be burdensome for the court. It only takes one person to begin a class action, but the courts likely will not approve the case for a class action unless there are at least 30 to 40 victims.
- Commonality: All the victims must have a similar complaint.
- Typicality: The complaint is typical in nature, and the plaintiffs must have the same claims and defenses.
- Adequacy: Class actions can sometimes help victims be heard; it’s easier to silence or overlook one person than it is dozens of hurt people.
Filing a class action must be the course that best serves each victim. If the victims would be better served by filing individually, then that’s the route that should be pursued.
Find out the Best Way to Recover Your Damages After a Train Accident
You might be able to recover more damages by filing an individual claim. The only way to determine which type of suit is the best route for you is to have a legal professional assess your case. For a free, no-obligation case assessment, contact our train accident lawyers at 215-642-2335 today.