The hack lawyers are at it and drooling. I realize the need for the victims and their families to be compensated but, geez they're actually taking out full-page ads in the local papers...
Law Firms Seek Metrolink Crash Clients
POSTED: 6:00 pm PDT September 22, 2008
UPDATED: 6:24 pm PDT September 22, 2008
LOS ANGELES -- With the potential for massive lawsuits stemming from the Metrolink train disaster, Southern California law firms are running ad campaigns seeking clients.
It's been 10 days since the deadly train wreck in Chatsworth, and already law firms are in competition to sign clients for what could be the largest payout in the history of rail litigation in California, KNBC's Conan Nolan reported.
Advertising has been seen in the LA Daily News and online through Google Sponsored Links.
Twenty-five people were killed in the collision. The collision between a Metrolink commuter train and a Union Pacific freight train was the nation's deadliest train accident since 1993, when Amtrak's Sunset Limited jumped the rails on a weakened bridge and plunged into a bayou near Mobile, Ala., killing 47 people.
Last Monday, one law firm held a news conference with the family of a deceased victim.
"There's going to be plenty of blame to go around," said Paul Kiesel, of Kiesel, Boucher & Larson LLP.
In a post from Sept. 15 on the firm's Web site, Kiesel said, "(He) extends his firm's sympathies and commits its resources to help those who have lost loved ones or who have been injured in this collision. At the same time, Mr. Kiesel expresses outrage that Metrolink allowed this preventable tragedy to happen."
While some attorney's thought last week's news conference was in poor form, others said it's all part of the process seeking justice for those who have been harmed, Nolan reported.
"The permanent disabilities, and some of the these people were young people who had their whole lifetime of lost earnings. Each one of those cases could be $5 million to $10 million," said Randy McMurray of the Cochran Firm.
With liability already settled, there's a greater likelihood that the civil action against Metrolink will be faster than the suits against the rail agency following the 2005 derailment in Glendale, Nolan reported.
In 1997, Congress placed a $200-million cap on rail accidents.
"Caps on damages restrict our right to jury trial. We have a fundamental, constitutional right to a trial by jury. Anything that restricts that right, it should be unconstitutional. It's certainly unfair," McMurray said.
To exceed the cap, attorneys in the cases would need to win a judgment against Metrolink, and then challenge the cap once it's imposed, possibly all the way to the U.S. Supreme Court, Nolan reported.