FELA Attorneys Near MeA highly skilled FELA lawyer can help you bring claims against a railroad firm for work-related injuries. A FELA lawsuit however, isn't an equivalent to a workers compensation or personal injury claim.
Railroad companies will fight to block these claims and limit the amount you receive in compensation. Therefore, it is important to speak with a reputable lawyer as soon as you can after an accident.
Federal Employers' Liability Act
If you're an employee of a railroad you must be aware that you are entitled to special protections under the Federal Employers Liability Act (
fela settlements). FELA is a set of federal laws that are exclusive to railroad workers. It is distinct from the traditional workers' compensation laws that apply to state workers in other industries, and it focuses on the negligence of railroad companies. You must demonstrate your employer's negligence in order to win an FELA claim. This can be done by working with a lawyer who specializes in FELA cases and has experience with this type of case.
Whether you are doing heavy work on trains, service personnel who help passengers and freight move between trains and the train cars themselves, or office workers handling paperwork for railroads there is a chance that you may be injured on the job. These injuries could be severe and can result in medical bills, lost wages due to not being able to work, and even pain and suffering. In some instances injuries, they could be fatal. Fortunately, the law protects railroad workers and their family members when this happens. The FELA law, which was passed in 1908, allows railroad workers to sue employers in the event that they are injured at work. This is in addition to the state's workers' compensation laws. FELA however has its own rules and guidelines for proving.
A FELA lawsuit requires that the plaintiff prove the negligence of their railroad company caused their injury. In some cases, the injuries were caused by faulty equipment or a violation of the Locomotive Inspection Act or the Safety Appliance Act. Injured railroad workers can file a lawsuit seeking compensation for medical expenses and loss of earnings and other losses such as pain and suffering and aggravation of existing conditions.
Unlike workers compensation, a jury decides FELA claims. This is advantageous because it provides a higher level of compensation. The lawyers at Cooper Hurley Injury Lawyers are well-versed in FELA law and can assist you obtain the compensation you deserve. Injured railroad workers have up to three years to make a claim under FELA. It is recommended to hire a FELA attorney right away to begin gathering evidence. Evidence can vanish as time passes.
Statute of Limitations
A statute of limitation imposes an amount of time within which legal proceedings can be brought over a specific event. It also limits the ability of prosecutor to pursue criminal charges against a crime once the statute of limitations has expired. It is a fundamental legal rule that ensures justice is served.
The statute of limitations applies to both criminal and civil law, although they vary significantly by jurisdiction. In general, civil lawsuits are subject to two to three years of limitation. Criminal cases however may have different timeframes dependent on the nature of the crime and nature. For instance, homicides have no statute of limitations in any way, whereas other felonies can be pursued at any time.
In addition to statutes of limitations, there are a variety of other laws that restrict the length of time during which legal proceedings can be brought over specific types of cases. For example actions to claim forfeitures or penalties as well as to sue for slander are usually governed by time limits. The time limit for bringing a case involving the administration of an estate is also restricted.
The best method to determine if there is enough time to make a FELA claim is to talk with an experienced FELA attorney. They can assess your case, gather evidence, and negotiate on behalf of you with the railroad company. They will defend your rights and make sure that you file your claim within the appropriate time frame.
If you do not file your case before the statute of limitations expires then it is likely that your case will be dismissed. A skilled 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 consider it.
While it is important to hire a FELA attorney but it is equally important to pick one you can trust. Both DLC and non DLC firms specialize in FELA Claims, however it is important to choose a firm with whom you feel comfortable. It is important to consult an attorney before making a statement, regardless of whether you work for an DLC firm or a non-DLC one.
Comparative Negligence
The concept of comparative fault determines the amount of damages that an injured party can be awarded in the event of a negligent claim. The percentage of negligence a plaintiff contributed to an accident is what reduces the amount they can recover. However, comparative fault is not an absolute defense against negligence-based claims.
State laws on comparative negligence differ but all recognize a specific type of. For example, New York uses pure comparative negligence which means that the fault of a person is as compared to the fault of the defendant. If one person's negligence is higher than the other's, they aren't able to claim damages from the defendant. If both are equally responsible for the incident each can claim their fair share of the damages.
This kind of law is often used to determine the cause of car accidents in which multiple drivers are involved. If two drivers are found to be in violation of traffic laws and cause an accident then the insurance company will assign each driver a share of the blame for the accident, based on the factors they contributed.
If an FELA claimant can prove that their employer's failure to comply with safety standards led to injuries and injury, they'll be entitled to monetary compensation for the losses they suffered. This includes past and future medical expenses, lost income, pain and discomfort and more. The amount of negligence that has to be proven is lower than in ordinary negligence cases, therefore it is crucial to have a FELA attorney on your side.
Since the laws on comparative negligence differ between states, 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 great choice. Contact them today for an obligation-free consultation. You have three years to file a lawsuit or settle your case from the date of your injury, therefore it's better to act now rather than later. Call or complete our online form to set up a consultation with a licensed FELA attorney. You deserve fair representation. We look forward to hearing from you!
Damages
If you were hurt in the course of work, don't trust a company claim agent to handle your case. They're not trying to protect your best interests as they are there to save money by settling the case for the lowest amount. A competent FELA attorney who is specialized in railroad injuries and litigation will know how much your case is worth and will negotiate with the company for the maximum amount of compensation.
In a FELA lawsuit, injured railroad workers are entitled to financial compensation for a variety of losses, including medical expenses in the past and the future caused by the injury and loss of income, future earning capacity, emotional distress, and pain and suffering. This is a different system than traditional workers' compensation laws.