Focus On 18 Year Old Lawsuit Cap After Joint Federal Lawsuits Filed In Amtrak Derailment
By Kristen Johanson
PHILADELPHIA (CBS) --- It's been one week since Amtrak Train 188 derailed, killing 8 people and injuring more than 200.
Joint federal lawsuits against Amtrak were filed yesterday in Philadelphia, but there could be a cap on how much victims and their families could get.
A law set in place nearly 20 years ago capped how much victims could sue for in any single passenger rail incident.
The law was set by Congress as part of a bankruptcy realignment. The limit was $200 million, but that was in 1997. With inflation, it could be close to $300 million, which may not be enough to cover all the victims in the Amtrak derailment.
Attorney Tom Klein represents 4 victims and says he will challenge this law.
"There will not be a shortfall unless and until every stone is unturned, including a challenge to the law," he says.
Whatever the payout, a judge or arbitrator will decide how much of that money goes to each victim and their families, based on the extent of injuries.
