Our Process
Your Attorney's Many Roles
At the beginning of a case, Matt Darby is a trusted advisor and counselor. As the case matures and the client either goes back to work or there is a resolution to the medical treatment, he becomes negotiator and evaluator. He helps the client weigh his future health prospects and the railroad’s settlement offer. If he thinks it’s fair and reasonable, he says so. If not, they move to court and he becomes the client’s litigator.
Throughout, you will find Matt an amiable advocate and guide, helping you to understand the process, answering all your questions and weighing offers against factors experience has taught him clients might overlook. For example, not all injured workers take their future health prospects into account or are realistic about their remaining working years in this physically demanding and risk-prone industry.
Matt has a reputation of being honest, realistic and sincere, but he cautions clients that personal injury cases are impossible to predict more than one or two steps ahead.
Matt’s success and integrity have attracted clients from up and down the East Coast. He has represented railroad employees in Maryland, Pennsylvania, District of Columbia, Virginia, Massachusetts, Maine, Florida, North Carolina, South Carolina, New Jersey, New York, Ohio and Texas. Matt is Designated Legal Counsel for the United & Transportation Union as well as a board member of the Academy of Rail Labor Attorneys. In addition to personal injury, he has assisted railroad employees with engineer and conductor certification petitions.
What To Expect
New clients will be initially interviewed by a member of our railroad practice group. A member of our railroad practice group will remain responsible to you and stay in communication throughout your case. We also utilize paralegals and field representatives, working under the direction of Matt Darby. Numerous “game planning” sessions will be held with Matt during the course of the case.
01
Gathering
After the initial interview, we will gather as much information as available. This will include medical records, injury reports, witness statements, photographs and any other evidence we can gather without filing a lawsuit.
02
Informing
We will act as your spokesperson with respect to your injury and its impact upon you. We’ll interact with the claims agent, any nurse case manager hired by the railroad, your treating physicians should they have any questions, and anyone else inquiring about your condition or the case. We want you to focus upon getting better.
03
Counseling
We will counsel you regarding the various issues that may have a long-term impact upon your case. Issues that typically arise are related to medical treatment, railroad retirement board issues, issues regarding nurse case managers and vocational rehabilitation counselors hired by the railroad, long-term impact of your injuries upon your ability to continue to work on the railroad, and a score of other issues. Every case is different and requires the individual attention of the Darby Law Group.
04
Negotiating
Once the impact of your injury is known and understood, we will begin the negotiation process with the railroad. We will prepare a comprehensive settlement demand package highlighting all of the important facts of the case, and the damages you have sustained. We will counsel you regarding the value of your case and the various factors that impact that calculation.
05
Litigating
Oftentimes, negotiations with the railroads fail. In those circumstances, the litigation phase begins. We will prepare a Complaint to be filed in the appropriate Court. We will then commence upon discovery and will aggressively obtain all the information about your case from the railroad and respond to the railroads request for information. We will thoroughly prepare you for your deposition and take the necessary depositions of individuals employed by the railroad. While settlement still may be possible, the best settlements are achieved in those cases where preparation is the most thorough. That is the mantra of the Darby Law Group when it comes to settlements. Of course, some cases may be tried. Appeals may also be noted. The Darby Law Group will be with you the entire journey.
We will maintain close contact, updating you on our progress.
Every Case is Unique
Once your medical treatment is concluded, we will prepare a settlement demand and attempt to negotiate an appropriate resolution of your case. Unfortunately, the settlement offered will probably not be sufficient to fairly compensate you. In that case, we move to the litigation phase of your case.