How Federal Employer Liability Act (FELA) Lawsuits Are Handled
The procedure for FELA injury claims is similar to personal injury lawsuits. Both your legal representative and your employer will thoroughly investigate the incident before negotiating settlement options.
This is why hiring an experienced FELA attorney is vital. A successful claim could lead to the payment of medical expenses, lost wages and non-economic damages like suffering and pain.
Statute of limitations
The Federal Employers Liability Act (FELA), which was passed in 1986 and provides railroad workers with more protections than the state's laws on workers' compensation. While workers' compensation claims are filed and dealt with in the state where an injury occurs, FELA claims can be brought to any court in the country. As with any legal claim it is important to understand the law and how it applies to your situation.
One of the most critical aspects of an FELA case involves the statute of limitations. A statute of limitations is a time period within which a lawsuit needs to be filed or be barred. In the majority of states, an individual has two to three years to bring a civil suit for personal injuries caused by another party's negligence. The FELA statute is much less. In most cases, a person has to submit a FELA lawsuit or claim within three years from the date they realized or should've been aware that their injury was connected to their railroad work.
The three-year timeframe is crucial since if a worker injured or a family member of someone who has died misses it then they forfeit their right to pursue a lawsuit. The legal system enforces deadlines and rarely makes exceptions. This is the reason it is vital for a railroad worker injured or the loved one of a deceased worker to seek the assistance of an experienced lawyer immediately following their accident.
In the vast majority of FELA lawsuits, an injured worker can claim damages for medical expenses, lost wages and suffering and pain. These damages are available for traumatic injuries like broken bones and torn muscle and occupational diseases like mesothelioma and other cancers. A FELA claim could also contain the reimbursement of ancillary expenses related to the injury, for example transportation to and from work.
Documentation of the injuries and damages is essential for a successful FELA claim. This evidence should include medical records that detail the severity of an injured person's condition and its connection to the workplace incident. It is also important to gather as much data about the incident at work as possible, including witnesses who can provide evidence of the truth.
In the event of death, compensation is awarded to the survivor spouse or children of the deceased. In most cases, the surviving spouse and children will receive the maximum amount of $300,000 in wrongful death benefits. This amount can be greatly increased, though, in the event that an heir can prove that the wrongful death was caused by the violation of the federal safety law or regulation.
Statute of Repose
If railroad workers are injured or killed while on the job, the Federal Employers Liability Act (FELA) makes it possible for their families to recover damages. As Supreme Court Justice William Douglas explained, FELA "puts on the industry a portion of the cost of eyes, legs arms, and lives which it consumes in the pursuit of its business."
In the event of an accident, illness or death, it is important to have an incident report and official documentation. FELA requires railroads to provide a safe environment for its employees and to be accountable to them.
The statute of limitations can stop any lawsuit if not filed within three years after the incident. It is essential to speak with an attorney who is familiar with FELA law and who can submit your claim quickly.
Contrary to claims for worker's compensation, FELA cases can be filed in federal and state courts. However, it's often easier to bring a lawsuit in federal court if the attorney representing the plaintiff has experience in the court of that.
The statute of limitations for FELA cases is different from the statute of limitations for workers compensation claims. In the majority of states, the lawsuit is required to be filed one or two years after the date of injury. However in FELA claims the timeframe is typically three years from when the injury or disease was first discovered. In certain circumstances the time frame may be extended by the date of discovery or in the case an illness that was diagnosed, the date on which it was first identified as being related to employment.
To file a wrongful death lawsuit under FELA, a personal representative must be named by the estate of the deceased. Anyone else who files an action may be dismissed if they do not have standing.
In the majority of
fela case settlements claims the plaintiff is required to prove that the disease or injury was at least partially due to the negligence of the employer. The burden of proof is different significantly from what is required to win a negligence lawsuit.
Even though a lawsuit may be filed in a federal or state court system, most FELA cases are settled via mediation before trial. An experienced FELA lawyer can help you achieve the best outcome for your case by providing the best possible representation at these pre-trial conferences and mediations. A lawyer who has experience in FELA cases can ensure that the arbitrator or judge knows what is at stake for you and your family.
Pre-trial Conferences
The process of filing suit can be intimidating to railroad workers who have been injured while on the job. While every case is different many civil lawsuits follow the exact same procedures. The experienced FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the entire litigation process.
If you're injured at work the first thing you should do is seek medical attention and inform your employer. Then, you should seek out an FELA lawyer or union representative. This will start the legal process of proving that the negligence of your railroad's employer caused the injury.
In the first phase of the lawsuit the lawyer will typically submit a complaint in federal court. The complaint will contain information regarding your injuries and allegations against your employer. After the complaint has been filed, the investigation can begin.
This is a crucial phase for the success of your FELA claim since it is at this point that the parties usually decide to resolve a portion or all of the issues by alternative dispute resolution methods like mediation or an agreement negotiated. If the parties cannot come to an agreement, or if the matter is not disposed by motion, the lawsuit will go to trial.
At trial,
attorneys for both sides will argue evidence and question witnesses before a jury or judge decides. During this process the best legal counsel will be able to argue your case for you to maximize your benefits and ensure you are awarded the money you need to recuperate from your injuries. This may include damages for past and future lost wages, medical expenses and future pain and suffering and many more.