FELA Attorneys Near Me
A highly skilled FELA lawyer can assist you to bring claims against a railroad company for work-related injuries. A FELA lawsuit however, isn't the equivalent of a workers' compensation or personal injury claim.
The railroad companies will defend these claims, and will try to limit the amount of compensation you receive. It is important to consult an experienced lawyer immediately after an accident.
Federal Employers'
liability act fela Act
You should be aware that as a railroad worker you have rights under the Federal Employers Liability Act (FELA). FELA is a set of federal laws that are specific to railroad workers. It is distinct from regular workers' compensation laws which are applicable to workers in other industries and focuses on the negligence of railroad employers. You must demonstrate the negligence of your employer in order to prevail on a FELA claim. The best method to do this is by working with a lawyer who specializes in FELA claims and has experience in these types of cases.
There is always the chance of getting injured while working regardless of whether you are an employee in a train yard, someone who assists passengers and freight transfer from trains to train cars and reverse, or an office worker that handles paperwork for railroads. These injuries can be severe and result in expenses for medical treatment, loss of wages because of being unable to work, and pain and suffering. In some instances injuries, they can even be fatal. Fortunately, the law is there to safeguard railroad workers and their families in the event of such an incident. The FELA law, which was passed in 1908 allows railroad workers to sue employers in the event that they suffer injuries at work. This is in addition to the state's laws on workers' compensation. However, FELA has its own distinct rules and standards for proof.
To prevail in a FELA case the plaintiff must prove that their railroad company was negligent. In some instances, injuries were caused by faulty machinery or violations of the Locomotive Inspection Act and the Safety Appliance Act. Railroad workers who have been injured may file a lawsuit seeking compensation for medical expenses and loss of earnings and other losses such as the suffering and aggravation of pre-existing ailments.
Unlike workers' compensation claims, FELA claims are decided by a jury. This is a benefit because it allows for higher compensation. The attorneys at Cooper Hurley Injury Lawyers are well-versed in FELA law and can assist you seek the compensation that you are entitled to. The FELA allows railroad workers injured up to three years to file a lawsuit. It is recommended to hire an FELA attorney as soon as possible to start collecting evidence. Evidence may disappear as time passes.
Statute of Limitations
A statute of limitations sets a maximum amount of time within which legal proceedings may be initiated for a particular event. The statute of limitations also limits the possibility for prosecutor to indict a criminal for a crime after the time limit has expired. It is a fundamental legal principle that helps ensure justice is done.
Both civil and criminal law have statutes of limitation however, they differ greatly according to the jurisdiction. Generally civil lawsuits are limited to two to three years of limitation. Criminal cases however, can have different timelines depending on the nature of the crime and kind. For instance, homicides are a case that has no statute of limitations at all, whereas other felonies may be prosecuted at any point.
In addition to statutes of limitations and statutes of limitations, there are a myriad of other laws that restrict the length of time during which legal proceedings can be brought over specific types of cases. For instance actions to claim penalties or forfeitures and to sue for slander are usually governed by short time limits. The time frame to bring a case involving the administration of an estate is also limited.
Contact an experienced FELA lawyer to determine if you have still time to file a claim under the FELA. They will evaluate your case, gather evidence, and negotiate on your behalf with the railroad company. They will diligently safeguard your rights and make sure that the proper timeframe is met for filing claims.
If you wait until after the expiration date of the statute of limitations, it is very likely that your case will be dismissed. A experienced FELA lawyer will make sure that the statute of limitations has not in violation and that the case is filed in time for the court to take a look at it.
While it is crucial to find a FELA attorney however, it is equally important to pick one you can trust. There are both DLC and non-DLC
firms that specialize in FELA claims however, it is crucial to choose the firm that you are comfortable with. It is crucial to speak with an attorney prior to making a statement regardless of whether you are employed by a DLC firm or a non-DLC one.
Comparative Negligence
The legal principle of comparative negligence decides the amount of an injured party's damages they are able to recover in a negligent-based lawsuit. The amount of compensation a plaintiff receives is reduced by the percentage of their own negligence which contributed to the incident. However it is not an absolute defense against negligence-based claims.
The laws governing comparative negligence differ from state to state however, most states recognize some form of it. For example, New York uses pure comparative negligence, which means that a person's negligence is as compared to the fault of the defendant. If one person's negligence exceeds the other, they cannot recover damages from the defendant. If both parties are equally responsible for the accident then each can recover their share of the costs.
This type of law is commonly used to assign blame in car accidents in which multiple drivers are involved. If two drivers break traffic laws and cause an accident, then the insurance company will assign to each driver a percentage of the blame for the accident, based on the factors they contributed to.
If a FELA claimant can demonstrate that their employer's failure to meet safety standards caused injuries the claimant is entitled to monetary compensation for the losses they suffered. This can include future and past medical costs and loss of income, pain and suffering, and much more. The amount of negligence that has to be proved is less than in ordinary negligence cases, therefore it is crucial to have a FELA attorney on your side.
Due to the fact that comparative negligence laws differ from state to state, FELA claims can be complex and require an experienced attorney. Mikel J. Hoffman, one of the law firms in New York with over 30 years of experience in dealing with FELA lawsuits and personal injury claims, is a great option. Contact them today for a free consultation. You have three years to start a lawsuit or settle your case starting from the date of your injury, so it's crucial to act sooner rather than later. To schedule a consultation with us, call or submit our online form to contact us. You deserve fair representation. We are looking forward to getting in touch with you!
Damages
If you were hurt at work do not trust a company claim agent to handle your case. They're not in your best interests as they are in the business of saving money by settling the case at the lowest amount. A competent FELA attorney who specializes in railroad injuries and litigation will know what your case is worth and negotiate with the company to get the maximum amount of compensation.
In a FELA suit railroad workers who are injured can receive monetary compensation.