The lawyers who give the most useful first consultation are the ones you hand a complete picture. Use this printable checklist so the attorney can assess your deadline, liability, and value on day one — not on the third follow-up call.
Bring these documents
Even partial records help — bring what you have, and note what is missing.
1. The incident record
- Any police, transit-police, or incident report number and a copy if you have one.
- The date, time, exact location, and the operator (which line, station, or crossing).
- Names and contact details of any witnesses.
- Your own written timeline of what happened, written while memory is fresh.
2. Evidence you captured
- Photos and video of the scene, your injuries, and any hazards.
- Names of nearby cameras (station CCTV, platform cameras) so the attorney can demand footage before it is overwritten.
- Any correspondence from the transit agency, railroad, or an insurer — including early settlement offers (do not sign these first; see our honest framework).
3. Medical and financial records
- ER and treatment records, discharge papers, and a list of providers.
- Medical bills and any health-insurance Explanation of Benefits (these flag future liens).
- Proof of lost income — pay stubs, a letter from your employer, or self-employment records.
- Your health-insurance card and, if applicable, Medicare/Medicaid information (relevant to liens).
4. Your questions for them
The consultation runs both ways — you are interviewing the attorney. Bring our printable 15 questions to ask and the numbers from the fee calculator so the fee discussion is concrete. Ask about their direct experience with the specific operator involved, the exact contingency terms, and your filing deadline.
5. Anything about your deadline
If a public transit agency is involved, your notice deadline may be as short as 90–180 days. Bring the accident date and check it against our statute of limitations by state lookup beforehand, and raise it first — a missed notice can end an otherwise strong claim.
The evidence that disappears first — flag it on day one
Some of the most important proof in a railroad case is on a deletion clock. Bringing the locations of this evidence to your consultation lets the attorney send a preservation (spoliation) letter immediately, demanding the operator keep it. If they destroy it after that notice, a court can sanction them. Here is what to identify and roughly how long you have:
| Evidence | Typical window before it is gone | What to bring |
|---|---|---|
| Station / platform CCTV | Often overwritten in 14–30 days | Which station and camera, the exact time window |
| Locomotive event recorder & forward-facing camera | Data exists but must be demanded before the unit is serviced/reused | Train number, line, time — so counsel can name it in the letter |
| Crossing-signal / gate maintenance logs | Routine records; can be overwritten on a cycle | Crossing ID (the blue ENS number on the signal box) |
| Your own injuries (visible bruising, swelling) | Heal within days to weeks | Dated photos taken now, repeated as they change |
Under federal rules, many trains carry an event recorder and (since 2018) inward- and outward-facing cameras on lead locomotives in regular passenger service (49 CFR Part 229). That data is powerful — but only if your attorney demands preservation before the equipment cycles back into service.
Worked example: the same case, two folders
Two passengers are hurt in the same platform fall caused by a sudden, unannounced jolt as a commuter train stopped.
- Passenger A arrives with the incident-report number, dated phone photos of the platform gap and her bruising, the station name and camera location, the train’s scheduled time, and her ER discharge papers. At the free consult the attorney can send a preservation letter that afternoon naming the exact CCTV and event recorder, and can already estimate value from the medical bills.
- Passenger B arrives three weeks later with “it happened at the downtown station, I think a Tuesday.” The CCTV has overwritten, he has no report number, and his bruising has faded with no photos. His claim is not hopeless — but the attorney now spends weeks reconstructing what Passenger A handed over on day one.
The lesson is not that you need everything; it is that specifics about perishable evidence are worth more than volume. Even a sticky note that says “Track 4 camera, ~5:40 pm” can save a claim.
