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Shapiro, Lewis & Appleton

All We Do is Injury Law

Toll-Free: 1-800-752-0042
Phone: 1-757-460-7776

PHONE: 757-460-7776
TOLL FREE: 800-752-0042

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This is a list of our firm's case results in Virginia (VA) and beyond. We can't guarantee you'll receive the same results, but we can guarantee we'll work tirelessly on your behalf and try to obtain the jury verdict or settlement you deserve.

DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

Railroad Conductor Who Suffered Paralysis and Quadriplegia After Being Struck by Train Engine

Case Description: A conductor suffered paralyzing injuries when an engine hit him while he was inspecting his own train in a rail yard. The paralysis to the man's arms and legs was permanent, leaving him and his family with large medical expenses for his entire life.

Staff: Richard N. Shapiro, Attorney; Donald Case, Investigator; Roz Hughes, Paralegal

Resolution: The case was settled for a confidential seven-figure sum before going to trial. At the time, the amount awarded to our client was the largest voluntary settlement agreed to by a railroad.
 
What Happened: A railroad conductor was walking and inspecting his train along railroad tracks in a railroad yard when he was suddenly and without warning hit by a passing train engine that he had not been warned would be passing on the yard track next to him. The impact completely knocked the conductor down and and unconcious, and he was rushed by rescue squad personnel to a nearby trauma hospital. The conductor suffered paralyzing injuries to  multiple body parts, including his legs and arms.

Doctors at the hospital did everything possible to restore feeling to our client's legs and arms, but months of intensive treatment and theraphy let him the injured conductor with incomplete quadriplegia. He had very minimal use of one of both arms but virtually no use of either legs. It was critical that he had the very limited use of his right arm because this could allowed him to raise food to his mouth and feed himself without constantly needing another person to keep him from starving. Quadraplegia and other types of paralyzing injuries are horrible psychological injuries; they impose an incredible burden on a person's family members, who essentially become caregivers for the disabled person.

Key Legal Strategy:
In this Federal Employers' Liability Act lawsuit involving a rail yard accident that led to paralysis, our client could not assist us much in investigating and determining the liability of the railroad and the co-worker engineer. Soon after being retained by our client, we filed a FELA claim on the conductor's behalf, issued subpoenas and document requests, and demanded all types of evidence from the railroad to show the speed of the passing engine. We also wanted to know exactly what train movements had happened in the yard just before our client was struck by the yard engine. This required requesting dispatch records for all rail personnel who were engaging in train movements, central dispatch audiotapes, signal records for each signal in the yard nearby, the black box/event recorder from the engine, photographs and videotape obtained by the railroad to investigate the circumstances, and several other types of documents and forms of evidence..

Ultimately, we showed that the engineer operting the engine that struck the conductor was exceeding the timetable speed for the yard and that proper warnings were not provided to our client while he was working in the area. Also, we obtained many medical professionals' opinions about future medical expenses our client and his family would incur while fulfilling the requirements of the paralyzed conductor's life care plan. Paying all the medical expenses and related costs of caring for a person with partial with partial quadriplegia can quickly bankrupt any family.

Awarded: Confidential multimillion settlement




About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.

Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.

In addition, we were the first injury law firm in Virginia to join
Primerus, a select group of highly ethical and 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. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.

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

While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.

Best Injury Law Firm in VirginiaVirginia Super Lawyers