A federal judge has signed off on the
Preliminary approval for the settlement came late Tuesday, so now lawyers involved in the case will return to the community to answer more questions about the deal
“Our pitch to the community is please give us time to explain why we think this is fair,” said
Morgan said the settlement will resolve claims against the railroad and other defendants in the lawsuit, such as the rail car owners and chemical manufacturer that made the vinyl chloride released and burned after the derailment.
Neither the
Morgan said that language isn't designed to prevent all lawsuits against the government, which might be difficult to pursue anyway because of limits on government liability.
“I just don’t understand why they’re trying to make us sign away rights that we have,” said
Pending lawsuits filed by the EPA and
The agreement is designed to address all damage claims against the companies within a 20-mile (32-kilometer) radius of the derailment and, for residents who choose to participate, personal injury claims within a 10-mile (16-kilometer) radius of the derailment.
But the lawyers involved say there is no way at this point to address potential future health costs if someone were to develop cancer down the road under appellate court rulings in the region. Residents can decide to accept money for property damage without taking the personal injury payment.
Fears about the potential long-term health implications of the chemical exposure after the crash are a major concern for the community. Many people are still reporting respiratory problems, unexplained rashes and other symptoms more than a year after the derailment while others have no health complaints.
The amount people receive from the settlement will vary based on how close they lived to the derailment and how it affected them. Documents filed in court suggests that a family living within 2 miles (3.2 kilometers) of the derailment might receive only
Many residents question whether the deal will provide enough compensation once the money is divided up.
But Morgan said the ultimate amount families receive could be significantly larger once a claims administrator considers individual factors.
The attorneys are expected to receive up to
The final amount residents receive will be affected by how much assistance they took from
A dedicated claims center to help people request their share of the settlement will open in
Residents who don't think the settlement provides enough have until
The
The head of the
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