Just because a railroad doesn't buy an insurance policy from an insurance company, doesn't mean you're only option is to sue the railroad company following in a railroad accident. After a train accident, most people think that you would then file an insurance claim with the railroad. If the railroad company doesn't have insurance, then the railroad company will usually hire a third party claims representative. The claims rep is basically an independent insurance adjuster, who will consider the harm done in the accident and then determine what benefits you should receive.

On the other hand, some railroad companies may not be so cooperative. With a self-insured company, it's not just like the company pays insurance premiums, and the insurance company is taking a loss by paying out compensation. The railroad is paying benefits out of its own assets, and in so doing, diminishing its own profits. As a result, some railroads may choose to go to court and try to prove the victim was predominantly responsible for their own accident and injuries.

In other instances, the third party claims rep may not want to give you the damages your injuries or losses warrant. Remember, the rep's company is hired by the railroad, and they likely want to keep the railroad as a client. Preserving as much of the railroad's assets as possible is a good way of retaining business. On the other hand, if the claims rep pays more in benefits than the railroad thinks the harm merits, then the claims rep could be losing income right along with the railroad's assets.

In order to protect your ability to be compensated, you need a time-tested train accident attorney on your side who has the experience to know when a benefits package is fair or just a ploy by the railroad company to protect its profits. If you need to go to court to be compensated, then your need for a competent lawyer skyrockets, as then you will need to prove the negligence and liability of the railroad to get the compensation you deserve. If you want to find the evidence you need and then use it to prove your case in court or force the railroad company to negotiate in good faith, then you're likely going to need a lawyer who has experience with train accident cases.

There are a number of ways that the defense lawyer defending the railroad or the Federal Railroad Administration can prevent you from recovering for your losses. There is an investigation process in place that the Federal Railroad Administration employs which will reveal information that it can use in support of it's case against you. The FRA permits the secretary of transportation or an authorized investigator to perform a thorough investigation of your claim that may require the production of records, exhibits, testimony, administering oaths, and even subpoenaing witnesses.

This is one of the reasons that it is imperative that your injury claim and seek medical attention that shows that your injury was in fact caused by this particular accident. The need for medical attention cannot be overemphasized as you must show that there is a causal connection between this accident and this injury, this connection is crucial for your lawsuit to succeed. The Federal Railroad Administration employs highly skilled attorneys that specialize in proving that your accident is not one that warrants financial compensation and even that you may be faking an injury. When you file your report, do not be swayed by anyone who claims that your injury does not stem from the type of accident that is deemed 'reportable,' make sure you file it as soon as possible.

The investigation will likely involve multiple interviews with you, from which they will claim you have been inconsistent in your responses. Be prepared for the defense to be presented that in fact this accident was your fault. They will argue that you failed to take heed of the warning signs that are strategically placed at railroad crossings to prevent any type of injury occurring. These types of injuries are anticipated by the railroad, and because of this they are prepared for any type of claim and have specialized counsel prepared to throw out any explanation or evidence you may have to show that your injury was caused by them.