A federal judge has approved a $600 million class action settlement for last year’s Norfolk Southern derailment in eastern Ohio. However, residents near East Palestine are still unsure about the amount they will receive. Lawyers will be returning to the community to explain the details of the deal, which resolves claims against the railroad and other defendants involved in the lawsuit. The settlement includes language releasing governmental agencies from future lawsuits, but lawyers clarify that this does not prevent all lawsuits against the government.
Despite concerns from residents about signing away their rights, pending lawsuits filed by the EPA and Ohio against the railroad are not affected by the settlement. The agreement covers damage claims within a 20-mile radius of the derailment and personal injury claims within a 10-mile radius. Residents can choose to accept compensation for property damage without taking the personal injury payment. Long-term health implications from chemical exposure after the crash are a major concern for the community, with some residents still reporting health issues over a year later.
The amount individuals receive from the settlement will vary based on their proximity to the derailment and how it impacted them. Families living closer may receive more compensation for property damage and injuries, while those farther away will receive less. The ultimate amount each family receives may be larger once individual factors are considered by a claims administrator. Legal fees for attorneys involved in the case could reach up to $162 million, pending court approval. The final settlement amount for residents will be adjusted based on any assistance they received from Norfolk Southern.
Residents who believe the settlement does not provide enough compensation have until July 1 to opt out of the deal and retain the right to file an individual lawsuit later. The National Transportation Safety Board will release its final report on the derailment at a June 25 hearing in East Palestine, providing more information on the crash’s causes. The NTSB has indicated that the crash was likely caused by an overheating bearing on a train car, which was not detected in time by the railroad’s monitoring system. Despite the challenges faced by residents and ongoing health concerns, the settlement aims to provide some resolution for those affected by the derailment.
Overall, the class action settlement for the Norfolk Southern derailment in eastern Ohio seeks to address property damage and personal injury claims within specific radii of the derailment site. While uncertainties remain regarding government liability and individual compensation amounts, residents have the option to participate in the settlement or opt out by a specific deadline. The involvement of legal authorities, claims administrators, and the NTSB will play crucial roles in determining the final outcome for the affected community. As the process unfolds, residents will have the opportunity to seek assistance from the claims center and attend community meetings to address their concerns and seek clarification on the settlement terms.
