McEldrew Young is currently representing several injured victims of the New Jersey Transit train crash in Hoboken, New Jersey. For individuals who were injured on train 1614 or the Hoboken Station platform and have not secured legal representation, we urge you to do so soon. There is an upcoming deadline under New Jersey law concerning the filing of a Notice of Tort Claim that you must not miss to pursue an injury claim.
In order to bring a successful claim against NJ Transit under New Jersey law, a claimant must satisfy certain requirements:
- file a Notice of Tort Claim against the entity within ninety (90) days of the accident; and
- demonstrate that he or she sustained a permanent or substantial injury; or
- demonstrate that the crash was caused by NJ Transit’s “willful misconduct.”
For individuals injured in the railroad accident, filing a notice of claim within 90 days is one of the requirements of a successful claim for compensation. If you or your family members does not do so, a Court may deny the claim and dismiss the lawsuit. Therefore, anyone injured in the Hoboken NJ Transit crash has until December 28, 2016 to file a notice of claim.
Filing a notice of claim does not commit a person to suing NJ Transit, but it does preserve their right to do so. After filing the requisite notice, individuals will likely face a rigorous defense from NJ Transit. The law is designed to minimize claims for compensation against this government agency.
New Jersey law specifically requires a claimant to demonstrate either (a) that they suffered a permanent injury, permanent disfigurement, or dismemberment; or (b) that NJ Transit acted willfully in causing the accident. This is a higher standard than seen in the ordinary personal injury case, which adheres to the traditional negligence standard. Examples of injuries severe enough to recover damages under the law include: large muscle tears, substantial visible scarring, loss of bodily functions, severe head trauma, and post-traumatic stress disorder. Unfortunately, in some cases, courts have found injuries such as herniated discs, concussions, and medial meniscal tears without loss of function, although debilitating and painful, failed to meet the requisite “permanency” requirement.
The other option is to demonstrate willful misconduct. The goal of our investigation will be to reveal the crash was caused by some willful misconduct on the part of NJ Transit and/or the conductor operating train 1614 that day.
Jim is an expert on railroad incidents, and has been featured on Fox News as their expert on the Hoboken crash. McEldrew Young is well versed in the federal regulations, the safety guidelines governing the railroad industry, and the mechanics of the particular train involved in this accident.
To fully protect you and your family, it is recommended that you contact an experienced attorney who is capable of properly documenting the injuries, navigating the complex legal framework, and ensuring that your family is fully protected at every stage of the process. If you would like to speak to a railroad attorney, Jim can be reached at (800) 223-3352.