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California Train Crash Victims’ Filing Deadline Fast Approaching
Los Angeles, CA
Tuesday, February 17, 2009
Video Clip: Click to Watch
Victims from the Metrolink Chatsworth disaster have until March 12, 2009 to file a claim against Metrolink and the owners of the railroad track, Los Angeles County Metropolitan Transportation Authority (LACMTA).
Chatsworth disaster victims have six months from the date of the accident to file a governmental claim. They can then file lawsuits only after their claim has been filed and 45 days have passed or the claim has been denied.
J. Clark Aristei, a mass disaster attorney representing 22 victims from both the Metrolink Chatsworth and Metrolink Glendale disasters, said at last count that he was aware of at least 45 injury claims and 24 death claims filed against Metrolink from the Chatsworth crash.
Aristei estimates that about 90 more claims may need to be filed within the next three weeks if the remaining passengers wish to preserve any claims they may have against Metrolink and LACMTA. "The victims' claim for injuries against Metrolink and LACMTA will most likely be forever barred if they don't get their claims filed by the March 12 deadline," according to Aristei.
A formal lawsuit cannot be filed against a governmental entity, in this case, Southern California Regional Rail Authority (S.C.R.R.A.), dba Metrolink, and LACMTA, unless first a governmental claim has been filed and denied. Filing a government claim is a required procedural step. Its subsequent denial or the passage of 45 days is necessary to exercise the right to file a civil lawsuit against a governmental entity. After the claim is denied, or 45 days have elapsed from the claims submission, victims have six more months to file a personal injury or wrongful death lawsuit. "I know of some passengers who, at this time, don't want to sue anyone for this crash. However, they have expressed that they want to deal with Metrolink and the others on their own. They will only be able to do so if they file their governmental claim by the deadline," stated Aristei.
Other defendants in the litigation, such as Connex Railroad, the late conductor Sanchez's employer and its parent company, Veolia Transportation, are private companies that don't have the governmental claim-filing requirement before they can be sued.
They were named along with Metrolink and LACMTA in the lawsuits that Aristei's firm, Baum, Hedlund, Aristei & Goldman, have so far filed for their clients in the Chatsworth disaster. The firm is preparing a seventh lawsuit for another passenger who just retained the firm, but that lawsuit will only be filed after receiving confirmation that his governmental claim has been denied.
After the 2005 Glendale Metrolink collision, the Baum Hedlund firm filed governmental claims for 15 passengers. As has been the case in the past 11 train disasters their firm has handled, all government claims made on behalf of their clients were denied. According to attorney Aristei, "This is very normal and is, unfortunately, the response we always expect to receive after a mass disaster such as the Chatsworth crash"
Chatsworth disaster victims have six months from the date of the accident to file a governmental claim. They can then file lawsuits only after their claim has been filed and 45 days have passed or the claim has been denied.
J. Clark Aristei, a mass disaster attorney representing 22 victims from both the Metrolink Chatsworth and Metrolink Glendale disasters, said at last count that he was aware of at least 45 injury claims and 24 death claims filed against Metrolink from the Chatsworth crash.
Aristei estimates that about 90 more claims may need to be filed within the next three weeks if the remaining passengers wish to preserve any claims they may have against Metrolink and LACMTA. "The victims' claim for injuries against Metrolink and LACMTA will most likely be forever barred if they don't get their claims filed by the March 12 deadline," according to Aristei.
A formal lawsuit cannot be filed against a governmental entity, in this case, Southern California Regional Rail Authority (S.C.R.R.A.), dba Metrolink, and LACMTA, unless first a governmental claim has been filed and denied. Filing a government claim is a required procedural step. Its subsequent denial or the passage of 45 days is necessary to exercise the right to file a civil lawsuit against a governmental entity. After the claim is denied, or 45 days have elapsed from the claims submission, victims have six more months to file a personal injury or wrongful death lawsuit. "I know of some passengers who, at this time, don't want to sue anyone for this crash. However, they have expressed that they want to deal with Metrolink and the others on their own. They will only be able to do so if they file their governmental claim by the deadline," stated Aristei.
Other defendants in the litigation, such as Connex Railroad, the late conductor Sanchez's employer and its parent company, Veolia Transportation, are private companies that don't have the governmental claim-filing requirement before they can be sued.
They were named along with Metrolink and LACMTA in the lawsuits that Aristei's firm, Baum, Hedlund, Aristei & Goldman, have so far filed for their clients in the Chatsworth disaster. The firm is preparing a seventh lawsuit for another passenger who just retained the firm, but that lawsuit will only be filed after receiving confirmation that his governmental claim has been denied.
After the 2005 Glendale Metrolink collision, the Baum Hedlund firm filed governmental claims for 15 passengers. As has been the case in the past 11 train disasters their firm has handled, all government claims made on behalf of their clients were denied. According to attorney Aristei, "This is very normal and is, unfortunately, the response we always expect to receive after a mass disaster such as the Chatsworth crash"
Robin McCall
Media Relations Director
Baum, Hedlund, Aristei & Goldman, PC
Los Angeles, CA
310-207-3233
310-820-7444
