Why Railroad Experience Matters
Train accident cases are uniquely complex:
- Federal Regulations: FRA rules govern railroad safety
- FELA Law: Special rules apply to railroad worker claims
- Industry Knowledge: Understanding how railroads operate
- Aggressive Defense: Railroads have powerful legal teams
- Evidence Issues: Knowing what evidence exists and how to preserve it
A general personal injury lawyer learning these areas while handling your case puts you at a significant disadvantage.
Questions to Ask Potential Attorneys
During your consultation, ask:
- How many train accident cases have you handled?
- What results have you achieved against major railroads?
- Do you handle FELA cases regularly?
- Will you personally handle my case or delegate it?
- What experts do you work with on railroad cases?
- Have you tried cases to verdict against railroads?
- What is your fee structure?
Resources to Take On Railroads
Fighting major railroads requires substantial resources:
- Financial Resources: Ability to advance costs for experts, depositions, and trial
- Expert Network: Access to railroad safety engineers, accident reconstructionists, and medical specialists
- Staff: Paralegals and associates to handle discovery
- Trial Experience: Willingness and ability to go to trial if necessary
Railroads have virtually unlimited resources. Your attorney must be able to match their effort.
Red Flags to Avoid
Be cautious of attorneys who:
- Have no specific railroad experience
- Guarantee results or specific settlement amounts
- Pressure you to sign immediately
- Won't explain their strategy
- Seem unfamiliar with FELA or FRA regulations
- Have no history of taking cases to trial
- Are difficult to reach or communicate with
Understanding Fee Arrangements
Train accident attorneys typically work on contingency:
- You pay nothing upfront
- Attorney fees come from your recovery (typically 33-40%)
- Costs may be advanced by the attorney or deducted from recovery
- Fee percentage may change if case goes to trial
Get all fee terms in writing before signing. Understand what happens if you lose and how costs are handled.