DISCLAIMER: BELOW ARE REPRESENTATIVE SETTLEMENTS AND VERDICTS. PLEASE NOTE THAT EVERY CASE IS DIFFERENT.
Many injured railroad workers (e.g., engineers, conductors, car repair, track maintenance, and others) for big railroads like Norfolk Southern (NS), CSX, Burlington Northern, etc., are hesitant to take legal action against their employer. Many believe it will cost them a ton of money to litigate their case, and the chances of actually succeeding are microscopic(our personal injury law firm has a no recovery, no fee policy, meaning you pay nothing until a recovery is secured).
Our railroad worker injury law firm wanted to dispel this notion, which is why we published this in-depth review of some of the biggest jury verdicts against Norfolk Southern railroad that were levied across the country. Many of these multi-million dollar verdicts were levied because the railroad decided to make lowball offers at the beginning of litigation. This is why it is important for railroad workers to have quality representation, so an experienced railroad worker injury attorney can help determine whether a settlement offer is reasonable or if a jury trial is needed to get the compensation you or your loved one deserves.
FELA Attorney Rick Shapiro has been aggressively fighting for injured railroad workers and their families for four decades, successfully obtaining millions of dollars in settlements and verdicts for his clients. Rick was twice elected chair of the Railroad Law section of the American Association for Justice (AAJ) and was named President of the Railroad Accident Division of the National Trial Lawyers Association (NTLA 2013-14).
Rick even authored a legal treatise in the field of railroad injury law titled, Railroad Health & Safety; a Litigator’s Guide, Co-Author, 72 Am. Jur. Trials, p.1 (West). These accomplishments exemplify the firm’s commitment to helping injured railroad workers in their time of need.
We must remind all of our readers that these large, million-dollar jury verdicts are not indicative of the type of jury verdict or settlement you could obtain since every case is different. However, these case results do illustrate that you can obtain a successful outcome against a major railroad like Norfolk Southern:
Record-Setting $60 Million (with interest) Awarded to Clerk Who Suffered a Traumatic Brain Injury
(Learn more about the case here.)
Note: This is one of the biggest verdicts in Virginia history, and our firm handled the case.
Occupation: Gas station clerk
Our Virginia personal injury law firm and co-counsel represented a gas station clerk who suffered a mild traumatic brain injury in a Norfolk Southern train accident. The train derailed and crashed into our client’s place of business. In the blink of an eye, his life was irrevocably changed. Our client suffered a myriad of orthopedic injuries and a traumatic brain injury. We understood the impact of this horrific accident and worked tirelessly during a three-week trial to obtain this record-setting, historic Virginia jury verdict.
$8.6 Million Jury Verdict in Lung Cancer Wrongful Death Case
Occupation: Brakeman/switchman
Our client was a brakeman/switchman who died as a result of developing lung cancer. He was exposed to asbestos, diesel fumes, and radiation during his 40-year career with L & N/CSX, mainly in and around Knoxville, TN.
For decades, the client also worked on asbestos-laden locomotives and inhaled diesel exhaust on switching engines. Attorney Rick Shapiro also represented the estate in a railroad wrongful death case. The trial lasted two weeks and was held in Knoxville, TN. The jury returned a verdict in favor of the estate for $8.6 million. CSX appealed, and the case was ultimately settled confidentially post-appeal.
$5 Million Jury Verdict in Lung Disease Wrongful Death Lawsuit
(Learn more about the case here.)
Occupation: Carman
Our client worked at Norfolk Southern’s Lambert’s Point car repair shop between 1979 and 1990, often servicing and changing out asbestos-containing brake shoes at the shop. In 1988, Norfolk Southern hired abatement contractors to remove asbestos from the car shop.
Once our client became critically ill and was in hospice care in 2017, he suspected asbestos caused his lung disease. After his death, our client’s daughter obtained an autopsy that revealed asbestos was, in fact, in his lung tissue. The daughter contacted our law firm, and we accepted the case after reviewing the autopsy.
The railroad denied all liability and pointed to our client’s smoking history as the basis for his lung disease. After a six-day trial, a jury in Norfolk ruled in favor of our client and awarded $5 million in damages (with 80 percent contributory negligence).
$4.5 Million Awarded to Norfolk Southern Employee Victim Who Suffered Ankle Injury
[Note: our firm did not handle this case; we are reporting on the results]
Worker’s occupation: Conductor and brakeman
Nature of injury: The NS conductor/brakeman was using a remote control device to couple two freight cars to an engine when he tripped on a cross tie, which had been placed about three feet from the tracks and had steel rails stacked on top of it. Weeds growing up around the cross-tie obstructed the workers’ view and contributed to his ankle injury. The worker developed complex regional pain syndrome, a condition that left him unable to work and in almost constant pain.
$3.4 Million Awarded to Norfolk Southern Worker Who Suffered Debilitating Back Injury
[Note: our firm did not handle this case; we are reporting on the results]
Worker’s occupation: Conductor
The NS conductor was riding in a locomotive unit when it derailed. He sustained a severe back injury that required surgery and is now disabled from his former job as a railroad conductor but can work in light-duty jobs.
$3 Million Awarded to Norfolk Southern Worker Who Suffered a Herniated Disc and Low Back Injuries
Railroad worker’s occupation: Track supervisor
The track supervisor was jerked backward to avoid falling from a ruptured slurry pipe and immediately felt pain in his back. The injured worker sought medical treatment and was diagnosed with a herniated disc, which resulted in pain in his back and left leg. He attempted to return to work after surgery but was restricted in lifting, bending, and stooping. He was diagnosed with a twenty percent impairment to his lumbar spine.
$2.3 Million Awarded to Norfolk Southern Employee Who Suffered Awful Knee Injury
[Note: our firm did not handle this case; we are reporting on the results]
Railroad worker’s occupation: Brakeman/switchman
The NS brakeman slipped and fell as he tried to mount several runaway railcars in the hopes of preventing a train wreck. He suffered a serious knee injury, which required two operations and may require knee replacement surgery.
$1.9 Million Awarded to Norfolk Southern Worker Who Died from Asbestos Exposure-Related Mesothelioma Lung Cancer
[Note: our firm did not handle this case; we are reporting on the results]
Railroad worker’s occupation: Trainman
The trainman slipped from a hopper car that was covered with kaolin clay. He suffered permanent back injuries. NS only offered $150,000 to settle before the trial. During the trial, the Railroad raised its offer to $350,000. Following a three-day trial, the jury deliberated for less than thirty minutes before returning this nearly $2 million award.
$1.5 Million for Railroad Bridge Worker With Crushed Leg
(Learn more about the case here.)
Our injured railroad employee client was repairing an Illinois Central/Canadian National bridge near New Orleans, LA, when a worksite accident crushed his lower leg and left him permanently disabled. The man was in his early 30s and earning about $40,000 per year during his work-related injury, which was caused by a contracted crane operator losing control of a 1,600-pound bridge timber.
The beam struck our client’s leg and pinned it against the superstructure of the bridge, shattering his tibia and fibula. An orthopedic surgeon saved our client’s leg by inserting a rod, but the reconstructed leg remained weak and ended up shorter than the other. The injury left him with chronic pain and permanent disability. When he tried to return to his job, his primary physician placed him under so many physical restrictions that he had no choice but to take a medical retirement.
A three-day trial ended with the jury awarding our railroad injury client more than a million dollars. Jurors reached that decision despite the defense lawyer attacking everything about our case and our client. The defense counsel insisted the injury was no more than a simple broken leg and even went so far as to question how if our client was disabled and in chronic pain, he could go on a vacation with his wife.
$ 1 Million For Railroad Engineer After Train Crash TBI Leaves Him Cognitively Disabled
(Learn more about the case here.)
Our client, a railroad engineer, suffered a traumatic brain injury when another train collided with his locomotive. The collision knocked him out of his seat, and he struck his head against the wall of the crew cab.
He sought immediate and ongoing treatment for his visible head injuries, and he filed an accident report with his employer. That report and subsequent investigations indicated that the engineer had stopped his locomotive and was awaiting further instructions on where to move the engine when the train operated by another railroad company approached unexpectedly and could not brake in time to prevent the crash.
Soon after the accident, our client engineer began experiencing serious cognitive and memory issues. A referral to a neuropsychiatrist confirmed that he suffered brain damage when he slammed his head against the interior wall of the locomotive. The specialist also gave the engineer a poor prognosis for fully recovering his mental acuity.
The engineer filed injury and disability claims under the provisions of the Federal Employers Liability Act (FELA), but the railroad corporation denied them on the basis that MRIs showed no conclusive evidence of structural damage to his brain. This caused him to hire an attorney and file a civil lawsuit. Our Virginia FELA law firm’s managing partner was brought into the case as a co-counsel for the engineer.
A few weeks before a jury trial was scheduled to begin, the judge assigned to the case ordered the engineer and the railroad corporation to attempt mediation. That process ended with our client receiving $1 million in settlement of all his FELA claims.
NOTE:
Many of these million-dollar jury verdicts focused on personal injuries to a railroad worker’s lower back, knee, neck, etc. Still, many workers are stricken with life-threatening illnesses like lung cancer and incurable mesothelioma due to asbestos exposure while working for a railroad. If you’re looking for case results, including multi-million dollar verdicts and settlements related to railroad-related cancers, take a moment to look over this page.