Lawsuits Against Norfolk Southern

Lawsuits Against Norfolk Southern

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Lawsuits Against Norfolk Southern

On February 3, 2023, a Norfolk Southern train derailed near East Palestine, Ohio. The train was carrying hazardous materials, and the derailment caused a fire that spread smoke over the town. This environmental disaster has left many people in East Palestine wondering what their legal options are.

If you or someone you know has been affected by the East Palestine train derailment, it is important to seek legal advice from an experienced attorney. A lawyer can help you understand your rights and determine if you are eligible for compensation for any damages or losses caused by the incident. They can also provide guidance on how to file a claim and represent you in court if necessary.

In addition to helping with claims related to the derailment, an attorney can also assist with other issues such as air quality monitoring, water contamination testing, and public health concerns. It is important to have an advocate who understands the complexities of environmental law and personal injury law and can provide sound advice throughout the process.

The East Palestine train derailment is a serious issue that requires immediate attention from both local officials and residents alike. If you have been affected by this incident, contact Morgan & Morgan to schedule a free case evaluation.

Safety Tips After Exposure to Phosgene Gas

If you or someone you know has been exposed to phosgene gas, it is important to take the following safety precautions:

  • Move away from the source of the gas as quickly as possible.
  • If possible, cover your nose and mouth with a damp cloth while moving away from the source of the gas.
  • Seek medical attention immediately. Phosgene gas can cause serious health problems if left untreated.
  • Monitor your symptoms for any potential changes in severity over time. Phosgene gas-related illnesses may worsen without proper treatment, so it is important to be aware of any changes in your condition.
  • Contact a personal injury lawyer if necessary. Depending on the circumstances of your exposure, you may be able to recover damages for your losses through a legal claim against the responsible party or parties.  

Lawsuits Against Norfolk Southern

Ten separate lawsuits have been filed against both Norfolk Southern Railway and its parent company, Norfolk Southern Corp., in federal court.

One lawsuit claims that Tina Ibel and Sheryl Tomor were injured as a result of the negligence and carelessness of Norfolk Southern Corporation. The lawsuit alleges that a “hotbox” detector should have detected "sparking" or "burning" activity 20 minutes before reaching East Palestine, however it is unknown if this occurred.  

Another lawsuit claims that Aysia Canterbury and Lisa Sodergen were injured as a result of the release of 1.1 million pounds of vinyl chloride into the air due to the train derailment. According to reports, an overheated wheel bearing was failing before the derailment occurred, which led to the release of vinyl chloride into the atmosphere.

All lawsuits seek class-action status and damages of more than $5 million for those affected by the derailment from physical injury or property damage due to exposure to hazardous materials or debris from the accident site. Other parties involved include residents of various counties throughout Pennsylvania and Ohio who live or work near or around the accident site, as well as businesses that have suffered economic losses due to disruptions caused by the incident.

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

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  • What Is a Class Action Lawsuit?

    A class action lawsuit is a type of civil lawsuit in which one or more members of a large group of people file suit against an individual, business, or other entity. This form of litigation allows numerous plaintiffs to join together in one lawsuit to seek damages from the defendant for whatever wrongs have been committed. It can also be used by defendants against multiple plaintiffs for any wrongs that were committed against them.

    What This Means for You

    If you were directly affected by this incident through physical injury or property, it is important that you seek legal counsel so that your rights can be protected during this process. If successful, these lawsuits could potentially provide some financial compensation for individuals affected by this incident, which could help cover medical bills related to any injuries sustained as well as potential property damages caused by the derailment. 

  • What Compensation Could You Receive After Exposure to Phosgene Gas?

    If you have been exposed to phosgene gas due to negligence on the part of an employer or another individual or organization responsible for releasing this harmful substance into the environment, then you may be able to join a class action lawsuit against them in order to recover compensation.

    The following are the types of damages you may be able to recover:

    Economic Damages

    Economic damages are intended to compensate victims for their out-of-pocket expenses that they have suffered as a result of their exposure to phosgene gas. These types of damages are directly related to measurable financial losses such as medical bills, lost wages, and other costs associated with treating the injury caused by exposure. The purpose of these damages is to restore the victim’s finances back to where they would have been without the injury or illness.

    Non-Economic Damages

    Non-economic damages refer to those intangible losses that cannot be calculated in terms of a dollar amount but still affect a person’s quality of life significantly. Examples include pain and suffering, emotional distress, loss of consortium (the inability to enjoy relationships with family members), disfigurement, disability, diminished quality of life, and loss of enjoyment in life activities. These types of damages can be difficult to quantify but are intended to provide financial compensation for losses that cannot be measured easily in terms of dollars and cents.

    Punitive Damages

    Finally, punitive damages may also be available in cases involving exceptionally egregious conduct on behalf of the defendant (i.e., gross negligence or intentional misconduct). Punitive damages are not intended as compensation for the victim but rather as punishment for the wrongdoer—although they do benefit victims financially as well. The purpose is also meant to deter similar conduct from happening again in order to protect others from harm or injury in similar situations going forward.

  • How Is Compensation Divided in Class Action Lawsuits?

    Compensation division in class action lawsuits can vary widely depending on the specifics of the case. Generally speaking, however, it depends on the size and scope of the case and the number of plaintiffs involved. In some cases, each plaintiff may be awarded a certain amount based on the damages they suffered. In other cases, all plaintiffs may receive a share of a larger lump sum award if it is determined that their claims are similar enough that they should all receive equal amounts.

    In addition to dividing up monetary awards among plaintiffs in a class action lawsuit, courts may also require defendants to provide non-monetary relief such as changes to policies or procedures within their organization or industry as part of their settlement agreement with plaintiffs. This type of relief can often provide greater long-term benefits than monetary awards alone and can help ensure that others do not suffer similar harm in the future.  

    Finding an Experienced Lawyer

    The first step to getting compensated for your injuries after the train derailment is finding an experienced personal injury lawyer who has dealt with cases like yours before. This means doing some research and taking the time to read reviews, check out online ratings, and ask people in your network for referrals. A good lawyer will have extensive experience representing clients in similar situations and a strong track record of winning cases like yours. They should also be able to provide helpful advice on how best to approach your case and navigate the legal process.

    When dealing with something as serious as a train derailment, it’s important to understand your rights under the law so that you can make informed decisions about your case. A good personal injury lawyer will be able to explain your rights clearly and help ensure that they are respected throughout the process. This includes things such as making sure that all evidence related to the accident is preserved properly and advocating for fair compensation from insurance companies or other parties involved in the accident.

  • Morgan & Morgan Can Help

    Being exposed to high levels of phosgene gas can have serious long-term health effects that may require costly medical treatments or lost wages due to time away from work while recovering from an illness caused by the exposure. If you or someone you know has been injured due to exposure to phosgene gas, either at work or in another environment where it is present, it’s important to understand your legal rights and how a qualified personal injury lawyer can help with your lawsuit for damages incurred due to the incident.

    By working with an experienced lawyer who specializes in these types of claims, you will be able to maximize your potential recovery amount so that you are fairly compensated for your injuries and any lost wages associated with them.

    For help after phosgene gas exposure, contact Morgan & Morgan to schedule a free case evaluation.

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