Deadline for West Point Train Derailment Approaching

The deadline for south Louisvillians who were affected by the 2012 West Point train derailment is nearing.

The derailment, which was ruled to have been a result of a broken rail section, affected nearby residents as ten of the train’s 33 HAZMAT cars were damaged, releasing potentially dangerous chemicals.  Many nearby residents were ordered to evacuate while those within a five mile radius were ordered to shelter in place.

In addition to $700,000 worth of damage to rail equipment and costly rail repairs and maintenance, a fund of $3,125,000 has been  created as part of the settlement in the Susan E. Morgan, et al., v. Paducah & Louisville Railway, Inc., et al., lawsuit – Case no. 3:12-CV-00818-CRS, in the United States District Court of the Western District of Kentucky.

The settlement creates three classes of participants based on if and when affected residents were ordered to evacuate or shelter in place.  Tier 1, Tier 2 and Tier 3 participants are eligible to receive “ordinary benefits” of $1, 353, $812 and $270, respectively for class compensation and $338, $203, and $67 for property damage.  Affected residents who experienced damages or losses which would not be covered by the ordinary benefits are eligible to apply for “extraordinary benefits” of up to $7,500.

Claims forms must be submitted by November 24, 2014.  Visit the West Point Derailment Settlement website for additional details and settlement documentation.