An injured railroad track worker was awarded a significant monetary settlement after an all-day mediation despite the Defendant railroad denying the nature, cause, extent, and even existence of all our client’s injuries.
The client, a railroad trackman for 17 years, was injured when a gas tank in a truck adjacent to the track he was working on exploded. The explosion killed another trackman, who had happened to walk between our client and the truck moments before the explosion. Our client was thrown forward, cracked out some teeth, and was knocked unconscious. He was transported to a local hospital, where he was diagnosed with a concussion and a T-4 vertebrae fracture, and underwent emergency reconstructive oral surgery to fix his broken teeth. He eventually had L5-S1 fusion surgery to repair his persistent lower axial back pain. He was also later found to have torn his rotator cuff, which has not required surgery.
The Defendant railroad admitted liability in the case, but denied that the explosion caused the need for the fusion surgery, arguing that the client’s medical records indicated that he had been experiencing back pain for years and that a doctor had recommended the surgery several months before the explosion. The railroad also claimed the explosion had nothing to do with the torn rotator cuff, and that the client was not experiencing clinical Post-Traumatic Stress Disorder (PTSD), according to an expert the railroad obtained.
Despite the evidence contained in the medical records, the railroad injury lawyers at Peter Higgins Law convinced the railroad that the explosion was a cause of the torn rotator cuff, that there was equally compelling evidence that the fusion surgery was necessary only after the explosion, and that a jury would certainly find PTSD resulting from the traumatic experience of the explosion. After a hard fought, full day mediation, the aggressive Peter Higgins Law railroad injury lawyers achieved a settlement for our client, which included a high (confidential) monetary award, a waiver of cash advances paid by the railroad, and continued medical benefits to be paid by the railroad.
The veteran team of Peter Higgins Law lawyers is available to assist with your case. From our office in Chicago, we offer free consultations to review the details of your potential case. Let our knowledge and experience of the legal system and railroad injury law protect your rights. If you have suffered a serious railroad-related injury you believe is a result of another party's action, call us at (312) 796-6798, complete our online form or chat with a live representative on this website.