Norfolk Southern $600M Settlement for East Palestine Train Derailment

Will Gendron
Editor in Chief
Published
June 12, 2024 1:43 AM
Updated
July 24, 2024
Norfolk Southern $600M Settlement for East Palestine Train Derailment
Settlement Open for Claims
Award:
$250 - $70,000
Deadline:
August 22, 2024
SUBMIT CLAIM

Norfolk Southern Corporation has agreed to pay $600,000,000 to settle a class action lawsuit for alleged real property damage, personal property damage, displacement expenses, lost wages, loss of business income, diminution of property value, increased risk of disease, emotional distress, disruption, inconvenience, loss of use and enjoyment of property, and loss of goodwill due to the February 3, 2023 derailment of Norfolk Southern Train 32N in East Palestine, Ohio.

Who Benefits?: Individuals and businesses who lived, worked, owned property, or owned or operated a business within 20 miles of the Derailment Site from February 3, 2023, to April 26, 2024.

How much can I get?: Settlement Class Members can receive varying amounts based on their proximity to the Derailment Site and other factors. Payments range from approximately $250 to $70,000 for households and additional amounts for personal injury and business losses.

Important Dates

  • Deadline to File a Claim: August 22, 2024
  • Final Approval Hearing: September 25, 2024

Can I Claim an Award?

You are a Settlement Class Member if you lived, worked, owned property, or owned or operated a business within 20 miles of the Derailment Site from February 3, 2023, to April 26, 2024. This includes individuals who were physically located within 10 miles of the Derailment Site and suffered personal injuries due to the Incident.

Settlement Class Members are categorized based on their proximity to the Derailment Site and the nature of their claims. The closer you were to the site and the more severely you were affected, the higher your potential award.

  • Individuals within 0-2 miles of the Derailment Site
  • Individuals within 2-4 miles of the Derailment Site
  • Individuals within 4-7 miles of the Derailment Site
  • Individuals within 7-10 miles of the Derailment Site
  • Individuals within 10-15 miles of the Derailment Site
  • Individuals within 15-20 miles of the Derailment Site

What Awards Can I Claim?

The Settlement provides various types of awards based on the nature of the claim and proximity to the Derailment Site. Awards include Direct Payments, Business Loss Payments, and Personal Injury Payments.

Direct Payments are lump sum payments based on a Court-approved formula considering factors like geographic location, household size, acreage, length of displacement, and property damage. Business Loss Payments compensate for actual net business losses caused by the Incident. Personal Injury Payments are additional lump sum payments for those within 10 miles of the Derailment Site who suffered physical injuries.

  • Direct Payments: Range from approximately $250 to $70,000 based on proximity and other factors.
  • Extraordinary Loss or Damage Payments: Additional compensation for extraordinary claims supported by documentation.
  • Personal Injury Payments: Range from approximately $1,000 to $10,000 based on proximity and injury severity.
  • Extraordinary Injury Payments: Additional compensation for extraordinary injury claims supported by documentation.
  • Business Loss Payments: Compensation for actual net business losses caused by the Incident.

The Incident and Its Impact

The February 3, 2023 derailment of Norfolk Southern Train 32N in East Palestine, Ohio, caused significant disruption and damage. The controlled “vent and burn” of five railcars on February 6, 2023, exacerbated the situation, leading to widespread property damage, displacement, and health risks.

  • Real property damage
  • Personal property damage
  • Displacement expenses
  • Lost wages
  • Loss of business income
  • Diminution of property value
  • Increased risk of disease
  • Emotional distress
  • Disruption and inconvenience
  • Loss of use and enjoyment of property
  • Loss of goodwill

Is Proof Required to Claim the Reward?

Yes, proof is required to claim the reward. Claimants must submit a Claim Form along with supporting documentation to substantiate their claims. The required proof varies based on the type of claim.

  • Direct Payments: Documentation of residence, work, property ownership, or business operation within the affected area.
  • Extraordinary Loss or Damage Payments: Dated documentation supporting the claim for extraordinary losses or damages.
  • Personal Injury Payments: Medical records and other documentation supporting the claim for personal injury.
  • Extraordinary Injury Payments: Itemized injuries supported by dated documentation.
  • Business Loss Payments: Itemized compensation claims with supporting documentation for actual net business losses.

How to Claim Your Award

To claim your award, you must submit a completed Claim Form by August 22, 2024. You can submit the Claim Form by mail to In re: East Palestine Train Derailment Settlement, c/o Kroll Settlement Administration LLC, PO Box 5324, New York, NY 10150-5324, online at , or in person at the East Palestine Settlement Center located at 191 East Rebecca Street, East Palestine, Ohio 44413.

Ensure that you read the instructions carefully and provide all required documentation to support your claim. If you need assistance, you can visit the East Palestine Settlement Center or call the Settlement Administrator at (833) 425-3400.

$600 Million Settlement Fund

The settlement fund of $600,000,000 will be used to make cash payments to Settlement Class Members and cover Court-approved payments for Administrative Expenses, Class Counsel’s Fee Award, and Class Representative Service Awards.

The amount each individual Settlement Class Member will receive will be determined through a Court-supervised claims process. Not all Settlement Class Members will receive the same amount. If the total compensation claims exceed $600,000,000, the payments will be reduced. If the claims are less than $600,000,000, the payments will be increased and/or additional payments will be made.

Why Is There a Class Action Settlement?

This class action lawsuit seeks to recover money for the people and businesses harmed by the February 3, 2023 derailment of Norfolk Southern Train 32N. The Plaintiffs allege that Norfolk Southern caused the Incident, resulting in significant property damage, displacement, and health risks.

The Court will hold a Final Approval Hearing on September 25, 2024, to determine whether the Settlement Agreement and proposed Settlement is a fair, reasonable, and adequate resolution of the lawsuit. If the Court approves the Settlement, payments should start to go out in or around December 2024. Please be patient as there may be appeals that could delay the process.

For more information, visit the official settlement website at .

Notice Letter

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Status
Open for Claims
Settlement Amount
$600,000,000
Award
$250 - $70,000
Is Proof Required?
Proof Required
Proof Required
Days Remaining to file Claim
29
Claim Deadline
August 22, 2024
Fairness Hearing
Final Approval Hearing
September 25, 2024
Case Number
4:23-cv-00242
Case Title
In re: East Palestine Train Derailment
State
Court
Jurisdiction
Claims Administrator
Kroll Settlement Administration LLC PO Box 5324 New York, NY 10150-5324 Phone: (833) 425-3400 Email: info@EastPalestineTrainSettlement.com
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