Posted On: June 7, 2010 by Mark Bello of Lawsuit Financial Corp.

Train Collision Tragedy: Man Dead, Widow Grieves

This case involved a man who was in the wrong place at the wrong time and paid for that with his life. James Traylor was driving across a railroad crossing when his van, for some unknown reason, got stuck on the tracks. The wrongful death lawsuit filed on his behalf by his wife, alleges he was stuck because of the uneven surface of the tracks.

Traylor was trying to get his vehicle off the tracks with assistance from others in another car. In the middle of doing that, a Union Pacific train appeared and was bearing down on him doing 60 mph. When Traylor, who was in the vehicle at the time, saw the train, he jumped out. It was too late. The train hit the van, which in turn hit Traylor and killed him.

The train accident lawsuit alleges that the train’s employees were negligent because they were driving at high speeds, driving recklessly, were not paying attention to whether there were any vehicles or pedestrians near the tracks, did not sound a warning, and that the tracks were poorly maintained, causing the van to get stuck. The suit seeks damages in excess of $100,000 for lost potential income, survivor support benefits and funeral expenses.

Any verdict or settlement in this case is likely to be a long way off. In the meanwhile, Mr. Traylors' widow must continue pay all her bills and try to get on with her life without her principal means of support. This is, by no means, an easy task for most litigants of death and serious injury cases; victims in this or similar circumstances may wish to check out whether they qualify for lawsuit funding. If eligible for litigation funding, litigants are not only able to pay immediate bills and other expenses, but also to handle future expenses until their cases are settled or resolved by verdict or judgment.

A lawsuit cash advance is just that, an advance on the expected settlement amount that allows needy litigants to wait for a fair and equitable verdict, rather than have to settle for less than full value. Often, cash-strapped plaintiffs in situations like this, decide to take the first offer that comes along. Doing that almost always means accepting far less than full case value or what they might get from a judge or jury. This is why lawsuit funding is a often a solid strategic move for plaintiffs and plaintiffs' attorneys.