Tomkiel & Tomkiel: Successfully Securing $2.99M Settlement in a Complex Train Accident Case
This case study showcases our firm's skill in handling complex personal injury claims, particularly those involving transportation accidents. In this case, we secured a significant financial settlement for a client who suffered severe injuries after a train collision. The case demonstrates our commitment to meticulous investigation, proven legal strategy, and strong negotiation skills.
The Case:
- Plaintiff: A 31-year-old billing clerk, a train passenger.
- Defendant: A train operator.
The Incident:
Our client, a billing clerk, was a passenger on a commuter train when it collided with another train that had derailed. The accident resulted in multiple injuries to our client's back, hip, and neck, leading to a series of complex surgeries and significant ongoing pain and suffering.
The Claim:
Our client alleged that the train operator was negligent in the operation of each train involved in the collision. Specifically, the claim alleged that:
- Operator error contributed to the accident.
- The railroad had been negligent in its maintenance of the area where the accident occurred.
- Negligent maintenance contributed to the accident.
The defendant ultimately conceded liability, acknowledging their responsibility for the accident. This concession allowed us to focus on securing a fair and just settlement for our client's significant injuries and losses.
The Defense:
While the defendant ultimately conceded liability, they initially disputed the extent of our client's injuries and their relation to the accident. Specifically, the defense argued that:
- Our client's dysplasia would have inevitably required hip replacement regardless of the accident.
- The spine injuries were not directly related to the train accident.
These arguments highlighted the complexity of the case and required us to meticulously present medical evidence and expert testimony to refute their claims.
Our Approach:
We employed a strategic approach, meticulously gathering evidence and testimony to establish the train operator's negligence and the severity of our client's injuries. We successfully argued that the train operator failed to adequately maintain the track infrastructure, contributing to the collision.
We also presented medical evidence to demonstrate the long-term impact of the injuries, including the need for multiple surgeries, ongoing pain, and potential future medical complications.
The Outcome:
Our efforts resulted in a significant financial settlement for our client. After careful negotiation, the parties reached an agreement, and the defendant agreed to pay $2.99 million. This successful outcome demonstrates our firm's commitment to achieving optimal results for our clients.
Key Takeaways:
This case exemplifies the importance of:
- Thorough Investigation: We invested significant time and resources in meticulously investigating the accident and gathering evidence to support our client's claims.
- Expert Medical Testimony: We carefully selected qualified medical experts to provide credible evidence regarding the nature and extent of our client's injuries and their long-term consequences.
- Strong Negotiation Skills: We effectively presented our client's case to the defendant, leading to a favorable settlement agreement.
If you have been injured in a train accident or another transportation-related incident, contact Tomkiel & Tomkiel today for a free consultation. We will evaluate your case and advise you on your legal options.
Please note: This case study has been created for illustrative purposes and does not disclose any confidential information that is protected by attorney-client privilege. The specific facts and circumstances of each case are unique, and legal outcomes may vary.
Disclaimer: This content is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney for advice on your specific legal situation.