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Subway Accident Leading to Wrongful Death

While trains are safer than many other modes of transportation, metro accidents can result in severe injuries and fatalities. If your loved one died in a subway accident, you need a compassionate and experienced wrongful death attorney to help you obtain fair compensation. Kaass Law experienced wrongful death attorneys will help you to get the compensation you deserve.

What Are the Most Common Reasons for a Subway Accident Resulting in Wrongful Death?

Even a seemingly minor subway accident can become complicated if Metro does not act quickly and in the best interests of public safety. Although negligence is frequently to blame, a subway accident can be caused by various factors. The following are some of the most common causes of Metro accidents:

  • Unsafe Train Operation and Subway Accident

Train operators must maintain safe speeds and work with other workers to coordinate routes. This includes monitoring the equipment to ensure no nearby trains cause an accident as a result. Unfortunately, many Metro operators are inadequately trained, rendering them incapable of responding appropriately during a crisis.

  • Inadequate Rail Maintenance

Poorly maintained rails can lead to various safety problems, including electrical accidents and derailment.  Inadequate rail maintenance significantly increases the risk of fatal accidents to innocent commuters and tourists.

Who Is Responsible For a Wrongful Death in a Metro?

Subway accidents frequently make headlines due to fatalities and serious injuries. Whether you lost a loved one in a metro accident, you can hold those responsible accountable. So, who is at fault in a train accident in Los Angeles? Because of a train accident that resulted in injuries or death, the following parties may face legal action:

  • The railway company
  • The proprietor of the railway
  • The careless railroad employee
  • The careless train operator
  • The maintenance crew for the railroad
  • Owners of real estate
  • Governmental organizations

According to California law, to file a successful wrongful death claim, the plaintiff must show that:

  • Train company
  • Operator
  • The third party is at least partially liable for the accident

So, if the plaintiff can show this, he may be able to file a successful wrongful death claim.

Damages That Surviving Family Member Can Recover After a Fatal Subway Accident

Economic Damages

CACI 3921 entitles a plaintiff to the following economic damages:

  • The financial support that the decedent would have provided to the family during the decedent’s life
  • Expectancy before death or the plaintiff’s life expectancy, whichever is shorter
  • The loss of gifts or benefits that the plaintiff would have expected to receive from the decedent
  • Funeral and burial expenses
  • The reasonable value of household service that the decedent would have provided

Any award for economic damages must be reduced to the present cash value. This is necessary because the money received now will grow to a larger amount in the future through investment.

Non-economic Damages

CACI 3921 also allows for non-economic damages to be recovered for:

  • The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  • The loss of sexual relations enjoyment
  • The loss of the decedent’s training and guidance

In a California wrongful death case, there is no standard for determining the number of non-economic damages. A jury can award any reasonable amount based on evidence and common sense.

How Can a Metro Accident Lawyer in California Assist You?

If you or a loved one died in a Metro or other train accident, you might be able to file a wrongful death case and receive compensation for your medical bills and other train accident-related damages. However, filing a successful train accident injury claim can be difficult to navigate on your own. Schedule an initial consultation with Kaass Law’s experienced attorneys to get legal help. Call us now at (310) 943-1171.

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