DO I HAVE A LAWSUIT FOR MY SON'S WRONGFUL DEATH THE INCIDENT HAPPENED ON 02/1/2012

Asked over 1 year ago - Rome, GA

MY SON'S WERE OUT WALKING TOWARD THE PARK ON PARK AVE IN LINDALE, TO GO IT WAS FOGGY AND AS THEY CAME UPON THE RAILROAD TRACK'S THE GATE'S WERE STILL UP ,BUT THEY DID HEAR IN THE FAR DISTANCE THAT A TRAIN WAS COMING.THEY PROCEEDED TO CROSS MY FIRST SON MADE IT AND ASSUMED HIS BROTHER WAS RIGHT BEHIDE HIM,BUT HE HEARD A SCREAM AND SEEN THAT THE TRAIN STOPPED HE STILL DID NOT SEE HIS BROTHER. THE TRAIN STOPPED RIGHT AT THE INTERSECTION SO THE AMBULANCE HAD TO GO ALL THE WAY AROUND.ALSO THE TRAIN WAS GOING ABOUT 38 MPH. THE SON THAT WAS HIT WOULD NEVER HAVE TAKEN A CHANCE IF HE EVEN IMAGED THAT IT WAS CLOSE. I HAVE A FRIEND WHOM IS A LAWYER. BUT NOT A WRONGFUL DEATH LAWYER , SHE THINKS AS I DO THAT MY SON SLIPPED ON THE ROCK'S AND WAS THROWN BACK. MY SON WAS TRAINING TO GO INTO THE NATIONAL

Attorney answers (16)

  1. Malosack Berjis

    Contributor Level 20

    17

    Lawyers agree

    Answered . First of all, I am sorry for your loss. Secondly, you really need to contact a local wrongful death attorney, so that they can review your case. It's hard for anyone in this forum to give you a yes/no answer without knowing all of the facts.

    This attorney is licensed to practice law in the State of California. The laws of your jurisdiction may differ... more
  2. Jeffrey Mark Adams

    Contributor Level 20

    15

    Lawyers agree

    Answered . This is so sad; my deepest condolences. Speak with an attorney(s) who specializes in personal injury litigation. Try to stay local, if possible. Good luck.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  3. Jeffrey Ira Schwimmer

    Contributor Level 19

    13

    Lawyers agree

    Answered . I am so sorry to hear of your loss, and respectfully offer my condolence. As has always been said, the parent should not outlive the child. Georgia, I believe, has a 2 year statute of limitations in which to bring a wrongful death claim, so you should act as quickly to consult with a local persona injury attorney. But, consult with one who has experience bringing claims involving railroad claims. They are special creatures which involve not only State/local law, but also federal statutes and guidelines. By now, there should have been a governmental investigation into the accident, its cause, etc. Your attorney will need as much time as possible to get his/her hands on it. Good Luck.

  4. Matthew C Simon

    Pro

    Contributor Level 18

    11

    Lawyers agree

    Answered . I am so sorry for your loss. Based on the limited information provided, I would absolutely seek a consult with an experienced personal injury attorney in your area immediately to discuss the particulars of the case. Best of luck.

    Matthew C. Simon, Esq.
    The Law Office of John Tierney
    1259 Route 46 East
    Building 3, Suite 133
    Parsippany NJ 07054
    Tel: 973-588-3050
    Fax: 973-588-3048
    Email: www.johntierneylaw.com

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more
  5. Timothy Michael McFalls

    Contributor Level 5

    10

    Lawyers agree

    Answered . I am so sorry for your loss. That is a terrible thing to have to go through.

    The best thing for you to do is contact your local bar association for a recommendation on an attorney who can advise you in this situation. It appears that it might be a difficult case to win, but personal injury attorneys take possible wrongful death cases very seriously. So if there is a case to be made there, you can rest assured that they will make it. Furthermore, most personal injury cases will not charge you anything for a free phone consultation. Therefore, there is no harm in you talking to an attorney to see what your options are.

    My deepest condolences to your family. My thoughts and prayers are with you through this hard time.

  6. Josh P Tolin

    Contributor Level 19

    9

    Lawyers agree

    Answered . My condolences for your loss. As the others have pointed out, you should definitely see an experienced personal attorney in Rome, Ga. I wish you the best of luck in your case.

  7. Robert G. Rothstein

    Contributor Level 14

    7

    Lawyers agree

    Answered . I am sorry for your very unfortunate tragedy. You need to have an experienced wrongful death arty. Review all if the investigative reports and perhaps conduct a reconstruction of the event to develop a greater degree of understanding and certainty as to how the incident actually occurred and whether there was actionable negligence involved. This would also involve a determination regarding any contributory negligence by your son, if applicable. Some states do not permit a suit if there was ANY contributory negligence. Other states apportion the damages among the parties. You should consult a wrongful death arty. in your state ASAP to make sure you do not miss any statute of limitations time restrictions.

    recovery then could an atty. give a reasonable answer to your question.

    Disclaimer: This response is provided to you for educational and informational purposes only and no attorney-... more
  8. James Otto Heiting

    Pro

    Contributor Level 15

    8

    Lawyers agree

    Answered . I am very sorry to hear of your loss. I have 3 sons and cannot imagine the pain with such a loss. As to the possible case, I could not tell if the gates went down before the accident or not. There are other issues, and a large gap in the facts as you recited them as well, that need investigation and exploration before you will get definitive answers. To get the answers you seek, engage an experienced wrongful death attorney in the area where the accident happened. The attorney can do the investigation and gather the information needed to evaluate this properly. They may even have an in-house investigator to move on this quickly. It is important that you get this done as soon as possible to preserve information and evidence. Good luck to you and God bless you and your family.

  9. Christian K. Lassen II

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . More information is necessary to properly evaluate, but with a good local wrongful death attorney, there may be hope for recovery.

  10. John Arnold Steakley

    Contributor Level 18

    6

    Lawyers agree

    Answered . Assuming you are his next of kin, then yes, you do have a suit and should pursue it.

    ↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.... more
  11. Christopher Steven Hoffmann

    Contributor Level 14

    6

    Lawyers agree

    Answered . Yes. Call a local attorney immediately. A personal injury attorney will need to investigate and preserve evidence as soon as possible.

  12. Fareesh S. Sarangi

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . As others have said, I am sorry for your loss, and I hope you heal and find peace soon.

    As far as the specific case and facts go, are you talking about the railroad tracks near the church where Park becomes Maple?

    I would want to know a few things before I told you whether I thought it was a case worth pursuing- 1) when you say the "gates were still up", do you mean they had not yet dropped down, and the red lights were not flashing? 2) other than your surviving son, do you know if anyone else witnessed the incident, and if so, how they described it? 3) were either of your sons in any way impaired by drugs or alcohol at the time of the incident? You don't have to post this information on an open forum (and in fact, I would advise you not to do so), but these are preliminary questions that will help dictate facts in your favor or against from the outset.

    Because it involves a railroad fatality, several authorities are required to conduct various investigations into the incident and they all prepare reports of their findings. Many of these reports are thorough and available before you ever file suit, and a good wrongful death attorney will know what those are, and how to get them. He or she can also take the crucial step of notifying the railroad company that they are required to maintain certain evidence. Every day that passes, crucial evidence is lost, either accidentally or purposely, and it makes these cases much more difficult to litigate. The only way to truly know whether this is a "case" or not is to call one of us and let us investigate on your behalf.

    Again, my condolences during this difficult time, and if there is anything any of us can do, please don't hesitate to ask. The attorneys who take time out to answer these questions here are caring folks who are always open to listening and helping in any way we can.

    For more information, contact us at Fareesh@SarangiLaw.com or (770) 984-5380. The initial consultation is always... more
  13. Gladys E. Wiles

    Contributor Level 10

    4

    Lawyers agree

    Answered . I am so sorry for your loss. Losing a child is never something that any parent wants to have to deal with, especially when it's due to the negligence of someone else.

    Seek out a personal injury to determine your rights and to discuss how to move forward.

    I wish you the best of luck.

    Gladys Wiles

    The information contained in this Website is provided for informational purposes only, and should not be construed... more
  14. Michael Lawson Neff

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . You have a claim. Whether the claim is one likely to prevail depends on a number of questions that must be answered.

    We'd be happy to ask questions that we would like to know and answer any questions that you have about the process.

    There is no charge for this consultation.

    For more information about our Georgia law firm - please see our website. WWW.MLNLAW.COM

  15. David B. Richardson

    Contributor Level 3

    2

    Lawyers agree

    Answered . You have a claim, and assuming you are talking about Lindale, Georgia, you should speak to an experienced personal injury attorney licensed in Georgia. Ask for one specializing in train accidents, because they are complicated and there is no substitute for experience in this area.

    I join the others in expressing my condolences for your unimaginable loss.

    Dave Richardson

  16. Daryl L. Derryberry

    Pro

    Contributor Level 13

    2

    Lawyers agree

    Answered . I am very sorry for your loss. What a tragedy. You have received good advice from the attorneys who have responded to your question. Additionally, I suggest you contact an attorney who specializes in railroad crossing cases. He/she will likely have some very good insight into the accident. Good luck. www.urhurt.com

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed.... more
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