PA/NJ
My husband lives in NJ and works in PA where he was involved in a train accident (he was the conductor of the train)
A concrete truck went around traffic, around the functioning crossing gate, ignored the warning lights, ignored the train blasting its horn and was struck on the tracks. The driver has been charged with over 40 counts of different charges (37 for those not injured, 4 for those injured as well as traffic violations regarding stopping on the tracks). There were numerous witnesses and the accident was broadcast on the news. The driver himself was injured and sent to the hospital with broken bones.
The engineer (bless him) hit the horn and then hit the emergency brakes on the train before diving back into the passenger car, warning everyone to brace for the impact. Because of him, there were no serious injuries.
My husband was in the rear car and did not hear the warning and ended up with a sprained shoulder (to be more specific, a strained rotator cuff). There is no workman's compensation or light duty, so he missed 9 days of work worth @ $2000 of wages. The accident occured in the beginning of October and he is still bothered by it and has some trouble sleeping, but he is back to work full time. He required no hospitalization, saw a doctor twice and was put on muscle relaxants and anti-inflammatory drugs.
Watching this on the news as his wife, I was scared spitless as they were reporting that the conductor and assistant conductor were taken to the local hospital, there were aerial shots of this smashed truck in the road and it took awhile before I managed to get a hold of my husband to find out he was relatively okay.
I have been in a few car accidents in my life and have been injured now and then, but I have always been content to have just medical bills and time lost from work covered. To me, an accident is an accident and I've never had an interest in raking someone over the coals for it.
This is the first time I have been truly angry over an accident because this wasn't an accident - this was a deliberate action by the driver that endangered the lives of over 40 people, so for the first time I am truly wanting to sue someone. My friends, however, suggest we see what the insurance company offers first.
So my question then is this - how much money is something like this worth? There were no exhorbitant medical bills and no permanent injuries, but there was pain and discomfort (still is) as a result. I also have friends telling me that if I go to court we could ask for punative damages for the intentional recklessness of this driver.
So what would be considered a proper amount to settle for considering the circumstances?
Thanks in advance for any help!
My husband lives in NJ and works in PA where he was involved in a train accident (he was the conductor of the train)
A concrete truck went around traffic, around the functioning crossing gate, ignored the warning lights, ignored the train blasting its horn and was struck on the tracks. The driver has been charged with over 40 counts of different charges (37 for those not injured, 4 for those injured as well as traffic violations regarding stopping on the tracks). There were numerous witnesses and the accident was broadcast on the news. The driver himself was injured and sent to the hospital with broken bones.
The engineer (bless him) hit the horn and then hit the emergency brakes on the train before diving back into the passenger car, warning everyone to brace for the impact. Because of him, there were no serious injuries.
My husband was in the rear car and did not hear the warning and ended up with a sprained shoulder (to be more specific, a strained rotator cuff). There is no workman's compensation or light duty, so he missed 9 days of work worth @ $2000 of wages. The accident occured in the beginning of October and he is still bothered by it and has some trouble sleeping, but he is back to work full time. He required no hospitalization, saw a doctor twice and was put on muscle relaxants and anti-inflammatory drugs.
Watching this on the news as his wife, I was scared spitless as they were reporting that the conductor and assistant conductor were taken to the local hospital, there were aerial shots of this smashed truck in the road and it took awhile before I managed to get a hold of my husband to find out he was relatively okay.
I have been in a few car accidents in my life and have been injured now and then, but I have always been content to have just medical bills and time lost from work covered. To me, an accident is an accident and I've never had an interest in raking someone over the coals for it.
This is the first time I have been truly angry over an accident because this wasn't an accident - this was a deliberate action by the driver that endangered the lives of over 40 people, so for the first time I am truly wanting to sue someone. My friends, however, suggest we see what the insurance company offers first.
So my question then is this - how much money is something like this worth? There were no exhorbitant medical bills and no permanent injuries, but there was pain and discomfort (still is) as a result. I also have friends telling me that if I go to court we could ask for punative damages for the intentional recklessness of this driver.
So what would be considered a proper amount to settle for considering the circumstances?
Thanks in advance for any help!
