What is the time period in which an Train accident case must be brought?
Generally speaking a lawsuit must be brought within one year of the date of the accident. However, in rare circumstances that time period can be extended if there is a “delayed discovery” of an injury. If the accident results in a wrongful death, the case must be brought within one year of the date of death, and if the plaintiffs choose to bring a “survival” action, the case must be brought within six months of the date of death. If the case is against a federal entity, plaintiffs have two years from the date of the accident to file a federal tort claim. If a state government is involved, plaintiffs have 6 months to bring a claim.
