Arguments, tactics and tricks used by Texas railroad companies to damage your case:

As with any defendant in a personal injury lawsuit, railroad companies retain the right to defend themselves against liability if a claim for injury and loss of life is made against them. In this article our attorneys discuss the specific tactics that they will use to defend themselves from being held legally responsible for any such injury.

Questions Answered on This Page:

• What are defense tactics used in train accident cases?
• How do a railroad companies defense tactics impact my personal injury claim?

How does a legal defense work?

When someone files a lawsuit against a railroad company, you take on the role of 'plaintiff,' and assume the burden of proof. This means it's your responsibility to show that the railroad company is at fault in your accident and that your injuries resulted from the train accident. In your lawsuit against the railroad company you will need to cite various theories of negligence that are relevant to your claim and supporting arguments that your specific injury was the result of the negligent actions of the defendant railroad company. This is complex, but an experienced train accident attorney can help you maneuver through this process.

In any civil case, the party accused of injuring the plaintiff (known as the 'defendant') is given the right to fight back. They do so by forming "defense arguments" to counter your "liability arguments." While the most basic defense used by a wrongdoers is simply to argue that you failed to prove all that you need to prove to the court, other more aggressive defenses are also used, such as blaming you for your own injuries, blaming the accident on some third party, arguing that some statute or prior court decision makes them immune to your lawsuit, or by showing that the evidence against them should not be allowed in court when and if it was no properly made admissible. You see, there are many ways that they can fight back against your case, even if their fault seems obvious.

Most railroads will defend themselves through various aggressive tactics, including but not limited to stating that your theories of liability are faulty and questioning the validity of your claim. Besides the potential defenses that will be asserted by the defendant, you also must prove the merits of your case to the jury, which can be very challenging in personal injury litigation.

Defenses used in a train accident case:

The type of lawsuit you file against the defendant will determine what types of defense tactics the opposition will use to prevent your recovery. In a wrongful death lawsuit, the railroad company may belittle your relationship with the deceased in an attempt to undermine the significance of your suffering, since the value of a wrongful death case is based on the loss of a relationship.

Comparatively, in a personal injury lawsuit they may show that you weren't that healthy to begin with and your injury does not warrant such a high recovery. There are a number of different legal tactics that will be used by both the plaintiff and defense counsel in their attempts to reach a favorable verdict. It is these mechanisms that create the necessity of obtaining experienced and talented legal representation. With excellent representation, the likelihood of you being compensated for your loss financially increases ten-fold.

Give Grossman Law Offices a Call:

Call attorney Michael Grossman at (855) 326-0000 if you have any additional questions. Our train accident attorneys have over 25 years of experience handling personal injury cases in the state of Texas. We've won literally thousands of personal injury claims, and we're confident we can put you in the best possible position to recover your losses.

Other articles about train accidents you might find helpful:

• How Does the Federal Railroad Safety Act Affect Train Accident Injury Cases?
• Special Considerations for People Injured at Private Railroad Crossings
• Understanding the Anatomy of a Train