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Railroad Injury/FELA

6/27/2009
Richard N. Shapiro
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DC Metro crash cases-Where You File Suit May Matter

Does it matter if your injury lawyer files a DC Metro crash lawsuit/case in Maryland, Washington DC, or Virginia courts?

The answer may be, yes, it may make a big difference. For example, cases filed in Washington, DC do not have any cap or ceiling on damages in such Metro personal injury cases. On the other hand, the state of Maryland has in place a personal injury cap of $200,000 for Metro liability.

Also, the state of Virginia does not have any cap on personal injury damages against subway or train companies such as Metro or railroad companies. Virginia does have a punitive punishment damages caps that may or may not apply in such a case but that is separate from regular harm and loss damages which Virginia does not have a cap on.

Because one or train crashed into another Metro train, it appears that there will be little question that DC metro also known as Washington Metro area transit Authority will have liability as a cause of the crash. In one prior Metro crash case I handled, the attorney for Metro did the right thing and admitted Metro’s fault for causing the crash, which was indeed obvious.  Also, whether any other third party also may have liability is an open question pending in the NTSB report.

For prior articles on this and related topics:

Metro Railroad Trains Collide Outside Washington, D.C.--At Least Six Dead, 60 Injured
At least 6 Dead, 60 or More Injured in Washington, DC Area Metro Train Crash
Metro Trains Collide Outside of Washington, D.C. During Rush Hour Traffic
Washington, DC Train/Rail Disaster Kills At Least Seven & Injures More. What Does It Mean For Austin?
Washington, D.C. Nightmare As Metro Trains Collide-- As Many As 7 Dead and Over 70 Injured
Death on Rails





About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and we have handled hundreds of FELA (railroad worker injuries) and general railroad injury cases. Please take a moment to review our railroad injury case results and visit our Railroad Accident/FELA Lawyers Blog. Our primary office is in Virginia Beach, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness. While not every injury case meets our criteria,  we off a free, initial confidential injury case consultation, so call us toll free at 1-800-752-0042. If you cannot get through due to high call volume, please leave a voicemail and we will return your call promptly.  

Rick Shapiro and James Lewis were included among the "Best Lawyers in America" 2010 Edition, and along with attorney John Cooper, were named Virginia "Super Lawyers" For Personal Injury Law  (2010 Ed., less than 5% of lawyers are chosen), and selected by the National Million Dollar Advocates Forum (2009). In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical, respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

We would like to send you one of our free reports about railroad injury and FELA cases, including the Do's and Don'ts When Injured at a Railroad - The Railroad Workers FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).

Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a public information service.

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