Widow Sues NY Rail and Road Agencies

widow sues over train crash

The widow of a man killed in a recent train crash in Valhalla, New York, has filed suit against New York State and the public transportation agency that ran the railroad for a total of $25 million. Aditya Tomar, 41, was killed along with five other victims when a Metro-North train collided with an SUV on the tracks. Tomar was born in India but moved to the United States to pursue education and a career in the finance industry. He was a vice present at JP Morgan at the time of his death.

Reshma Persaud, his wife, file a claim on May 1 against Metro-North Railroad, the Metropolitan Transportation Authority, the state of New York, the county of Westchester and the town of Mt. Pleasant. In her lawsuit, she claims that her husband suffered burns, skull fractures, rib fractures, fractures to his limbs and lacerations to his heart, brain and lungs. She claims that he suffered both mental and physical pain prior to his death.

The lawsuit alleges negligence on the part of the town, county and railroad due to failure to install proper lighting and safe crossing gates. The lawsuit also claims that the defendants did not properly inspect and install the third rail, which led to a huge fire, and failed to prioritize safety in managing the railroad tracks and cars.

Filing a Lawsuit In A Wrongful Death Case

Wrongful death lawsuits are different from other types of personal injury cases. In most instances, a wrongful death represents the very worst form of negligence toward other human beings on the part of the defendants. If the negligent actions of a company or an individual lead to someone’s death, it is impossible to truly compensate the survivors. However, the courts allow those survivors to seek monetary compensation to replace lost income and to, in some way, make up partially for the pain that both the victim and the family have suffered.

A wrongful death lawsuit occurs when the family of a victim decides to take action against a person or entity responsible for the fatal accident. Under New York law, only certain people can file a wrongful death lawsuit, including the spouse, children and in some cases parents of the deceased. A wrongful death lawsuit often seeks compensation for medical and funeral expenses, pain and suffering and lost future income, particularly if the victim was the breadwinner for the family.

If you believe you may have grounds for a wrongful death lawsuit, please contact the attorneys at the Fitzgerald Law Firm in New York. We can help you determine the best way to handle your claim.