Train derailment victims file brain injury lawsuit

Injuries to children are especially traumatic. According to, one family has brought suit against state agencies after sustaining injuries during a train accident. A family of four, including two children, was on board the train when it derailed.

One of the children was taken to the hospital for a brain injury, but is now at home recovering. The family is requesting payment for medical bills, expenses, lost wages, and damages. Unfortunately, not everyone on the train was as lucky as this family. Twenty-eight people were on the train when it derailed. A six-year old child died from his personal injuries, and four other children remain hospitalized.

Under Illinois law, the train accident victims would have several valid claims. For instance, an Illinois wrongful death action can be brought when a person’s death is caused by the fault of another. The family of the decedent is able to recover for damages including: medical and funeral expenses, lost benefits, loss of inheritance, pain and suffering, loss of companionship, and punitive damages. Likewise, personal injury claims result when individuals are injured because of another’s negligence or intentional wrongdoing. Compensatory and punitive damages are also available.

According to the Federal Railroad Administration Office of Safety Analysis, 11,355 accidents and incidents were associated with U.S. railroads in 2010. In addition, there were 740 fatalities. Specifically, there were 1,305 reported derailments.

Our Chicago personal injury lawyers have been successful in bringing suits against state and city agencies for their negligence or fault. For instance, our attorneys won a $10 million settlement for a 5-year old boy who was run over by a City of Chicago Fire Department truck.

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