A Special Letter
to the Victims and Families of Victims of the January 16, 2005
Glendale, California Metrolink Train Wreck
WARNING: YOU HAVE ONLY A SHORT TIME
TO
FILE A SPECIAL GOVERNMENT CLAIM OR
BE FOREVER BARRED FROM OBTAINING
COMPENSATION FOR YOUR DAMAGES
AGAINST METROLINK (SEE REASON BELOW)
For those who were injured in the tragic Metrolink crash of January
26, 2005, we offer our best wishes for your speedy recovery. And
to the families and friends of those who lost their lives, we
send our deepest condolences.
We believe, based on over 25 years of suing California
railroads, that if Metrolink had taken the reasonable safety precautions
it should have taken no one would have been injured in this tragedy,
much less killed.
Its true that Mr. Alvarez drove his Jeep onto
the tracks. But Metrolink trains hit vehicles all the time. The
deaths and injuries occurred only because Metrolink chose to operate
its trains in ways that greatly increased the
risk of injury and death to its innocent passengers.
The overwhelming position of Metrolink, as reported
in all TV, radio and newspaper accounts, is that Jeep driver Alvarez
is one-hundred percent responsible for this tragedy and Metrolink
is zero percent responsible. We strongly disagree with Metrolink.
We very strongly believe that Metrolink is overwhelmingly responsible
for the injuries and deaths - - even though Alvarez may have
gotten his jeep struck on the tracks. There are a number of things
Metrolink did and/or failed to do which caused the derailment
and resulting injuries.
We do not say this without basis. For more than 25 years this
law firm has specialized almost exclusively in representing individuals
injured by various railroads, including Metrolink. We represented
the widow of the first Metrolink grade crossing
fatality for the death of her husband in 1992. We have been
retained by more victims of the Placentia, Orange County Metrolink
head-on collision of 4/23/02 than any other law firm. The court
appointed us to the Plaintiffís Steering Committee in these
cases.
Regardless of what the railroad claims people
may have told you or the family, and regardless whether they have
advanced any funds (something they sometimes do in the hopes their
victims will not contact an independent and knowledgeable lawyer),
they have been doing, and will continue to do, everything they
can to limit or reduce the railroad's liability and ultimate legal
exposure for this tragic accident. In other words, they are doing
and will continue to do everything they can to pay the family
as little as possible on the claim.
Based on our long time experience winning California lawsuits
against railroads and what we have so far learned in this case,
we feel so strongly about Metrolinkís responsibility for
this train accident that we have taken out some newspaper ads
- - something the U.S. Supreme Court encourages. We represent
a number of victims already, and have an in depth investigation
underway.
We will gladly provide you a completely confidential
consultation to go over your legal rights, without any
obligation whatsoever, and without any cost. If you should
decide to hire us, you would not be expected to advance any money
to pursue your legal rights. We charge a percentage of the recovery
for our legal fee only after the case is settled or won at trial.
Please consider these things about our law firm:
It consists of more than a dozen individuals, including lawyers,
paralegals, railroad investigators (4 of whom worked more than
20 years each on California based railroads), a video/graphics
department, and others, all dedicated to helping injured people
and the families of those killed (particularly by railroads) obtain
the best recoveries the law makes possible for their injuries
and their losses.
• Our firm has the only California
Lawyer listed as a Railroad Law Specialist
in Best Lawyers In America - which lists
the lawyer specialists chosen by other knowledgeable lawyers who
answered this question: "If you had a close friend or relative
who needed a Railroad Law Lawyer, and you could not handle the
case yourself - for reason of conflict of interest or time - to
whom you would refer them?" Visit www.bestlawyers.com
• Our firm has the California Lawyer who,
over the last 25 years, has won more cases in court against railroads
than any other Lawyer according to Jury Verdicts Weekly, Inc.
Our law firm has favorably resolved many hundreds
of cases against all the major California railroads, including
Metrolink, in the past. While all cases, including yours, have
different values:
• We represent more victims than any law
firm of the April 2002 Metrolink head-on collision in Placentia,
Orange County. The Court has appointed us to the Plaintiff's
Steering Committee in that case
• We represented the family who lost their
husband/father in 1992 in the very first Metrolink
train grade crossing collision, and obtained a very substantial
settlement.
• We represented numerous victims of the
Kingman, Arizona Amtrak train derailment
• We successfully sued for a family who
lost their husband/father in a major train derailment in the Cajon
Pass.
• We litigated, and won to the benefit of
several clients, the 1993 Amtrak derailment which occurred on
a bridge in Mobile, Alabama, taking the lives of numerous passnegers.
• We have obtained hundreds of other successful
results, against all of the various Southern California railroads,
including a recent $2,125,000 jury verdict for a back injury and
$2,261,000 verdict against Los Angeles MTA (Blue Line) for the
wrongful death of a 19 year old with no job, no spouse, and no
children.
• We have collected relevant Metrolink materials
since 1992 when Metrolink started running trains, in order to
help our clients protect their rights against Metrolink. Other
law firms are not so organized. See the affadavit
of defense attorney Craig Whitney.
In order to obtain the best legal representation,
it is important to obtain advice from and choose a law firm
that intimately knows and practices the specialized
railroad law involved. This includes a full knowledge of the
operating practices and procedures in the industry, the particular
corporations and government entities involved, the special law
and the particular facts which are needed to be able to prove
the railroads legally negligent. This law firm has developed
that special expertise through many years of experience.
The railroadís team of lawyers and claims people are already
actively working to establish their defenses against you and
the families of the deceased. They need legal expertise on
their side to establish their claim and to maximize their familyís
potential recovery of damages. We already have experts working
on this case to help the clients who have retained us. And we
obtained a detailed high definition footage of the accident site
- - and the entire Metrolink line from downtown Los Angeles to
Moorpark on January 28, 2005, two days after the tragedy - - which
was as soon as the weather would permit.
Although most cases can be resolved without a
trial, experienced lawyers know that in order to obtain the maximum
recovery for victims of serious injuries, the legal team must
fully prepare the case for trial.
It would be a privilege to provide you and the
family an absolutely free consultation in our office (which is
near Dodger Stadium in Los Angeles) or at your or their home or
other place you prefer. Please call our 800 number (800-344-3352)
or call 323-662-6400 collect. Please ask for me; if I am in court,
ask for Victor Russo or head paralegal Arnold Cruz. We hope to
hear from you, a family member or trusted friend soon.
But remember you must file a government claim
against Metrolink before six (6) months from 1/26/05 or you will
be barred from suing Metrolink if this deadline is missed.
Pfiester & Russo
A Law Corporation
By R. Edward Pfiester, Jr.
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