FELA Attorneys Near MeA FELA lawyer with extensive experience can assist you to file a claim for work-related injuries against a railroad. A FELA lawsuit however, isn't the equivalent of a workers' compensation or personal injury claim.
Railroad companies will fight to deflect these claims and reduce the amount you receive in compensation. Therefore, it is crucial to speak with a professional lawyer as soon as you can after an accident.
Federal Employers' Liability Act
It is important to know that as a railroad employee you have rights under the Federal Employers Liability Act (FELA).
fela claims railroad employees is a set of federal laws that are specific to railroad workers. It is distinct from the standard workers laws governing compensation that apply to state workers in other sectors, and is focused on railroad employers' negligence. This means that you have to prove that your employer's negligence to be able to win a FELA case. The best method to do this is by collaborating with a lawyer who is specialized in FELA claims and has experience with these types of cases.
If you are performing heavy work in trains or service personnel who assist passengers and freight move between trains and on the train cars themselves, or office workers who handle paperwork for railroads, there is always the possibility that you will be injured on the job. These injuries can be serious and cause costs for medical bills, lost wages due to not being able to work, as well as discomfort and pain. In some instances the injury could be fatal. Fortunately, the law protects railroad employees and their families in the event of such an incident. The FELA that was enacted in 1908, allows railroad workers to sue employers if they are injured while 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.
A FELA lawsuit requires that the plaintiff demonstrate the negligence of their railroad company caused the injury. In certain cases, injuries were caused by defective equipment or violations of the Locomotive Inspection Act or the Safety Appliance Act. Injured railroad workers can file a lawsuit seeking compensatory damages for medical expenses as well as loss of earnings and other losses, such as pain and suffering and aggravation of existing conditions.
Contrary to workers compensation, a jury decides
fela case settlements claims. This is advantageous because it provides a higher level of compensation. Cooper Hurley Injury Lawyers is well-versed in FELA laws and can assist you in getting the justice you deserve. The FELA gives injured railroad workers up to three years to file a suit. It is however recommended to find a seasoned FELA attorney as soon as you can so that they can start gathering evidence right away. Evidence may disappear over time.
Statute of Limitations
A statute of limitations sets the maximum time in which legal proceedings can be initiated over a certain event. The statute of limitations also limits the possibility for prosecutors to bring criminal charges against a crime after the statute has expired. It is a fundamental legal principle and assists in ensuring justice is served in a fair manner.
Both criminal and civil law have statutes of limitations however, they differ greatly depending on the jurisdiction. Civil lawsuits are subject to a two-to three year limitation period. Criminal cases, on the other hand, can have different timelines depending on the crime and case nature. Homicides, for example are not subject to any statute of limitations in any way. Other felonies however, can be prosecuted anytime.
There are a variety of other laws in addition to the statute of limitations, that limit how long a legal proceeding can last for certain kinds of cases. For instance actions to seek penalties or forfeitures as well as to sue for slander are typically governed by short time limits. The time frame to bring a case involving the administration of an estate is also restricted.
The best way to determine if there is enough time to file a FELA claim is to speak with an experienced FELA attorney. They will evaluate your situation, gather evidence, and negotiate with the railroad company on your behalf. They will do their best to protect your rights and ensure that the required timeframe is set for filing claims.
If you wait until after the expiration date of the statute of limitations it is highly likely that your case will be dismissed. A experienced FELA lawyer will ensure that the statute of limitations is not breached and that your case is filed on time for the court to review it.
It is essential to choose an FELA lawyer, but it is also important to select a lawyer you trust. Both DLC and non DLC firms specialize in FELA Claims, but it's essential to select a firm that you trust. No matter if you work for an DLC or non-DLC firm it is crucial to speak with an attorney prior to making the statement to the railroad claims agent.
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 claim. The amount of compensation a plaintiff receives is diminished by the proportion of their own negligence which contributed to the accident. Comparative fault is not an all-encompassing defense for negligence-based claims.
State laws on the concept of comparative negligence differ, but they all recognize a specific form. New York, for example has a pure comparative fault. This means that the fault of a person will be compared with the negligence of the defendant. If one person's negligence is greater than the other, they are unable to recover damages from the defendant. If both are equally responsible for the incident each party can seek their fair share of the damages.
This type of law is commonly used to determine fault in auto accidents that involve multiple drivers. If two drivers are found to be in violation of traffic laws and cause an accident then the insurance company will assign to each driver a portion of blame for the crash, based on the factors they contributed.
If a FELA claimant can prove that their employer's inability to meet safety standards caused the injury, they'll be eligible for financial compensation for their losses. This can include past and future medical expenses and lost income, as well as pain and discomfort, and more. However, the degree of fault that must be proved is lower than in typical negligence cases, which is why it is essential to have an experienced FELA attorney representing your behalf.
Because comparative negligence laws vary from state to state, FELA claims are complex and require the help of an experienced attorney. Mikel J. Hoffman, one of the law firms located in New York with over 30 years of experience in dealing with FELA lawsuits and personal injury claims, is a good choice. Contact them now for a no-cost consultation. It is important to act fast. You have three years from the date you were injured to file a lawsuit or settle your case. To set up a consultation, call or submit our online form to contact us. You deserve fair representation. We look forward to hearing from you.
Damages
Do not let a representative from the company manage your claim if you were injured on the job. They will not have your best interests at heart, as their job is to save the company money by settling your case for the smallest amount possible. A reputable FELA attorney who specializes in litigation and railroad injuries will know how much your case is worth and will bargain with the company to secure the maximum amount of compensation.