FELA Attorneys Near Me
A highly competent FELA lawyer can help you make claims against a railroad company to recover work-related injuries. However the FELA lawsuit is not the same as a workers compensation or personal injury claim.
Railroad companies will fight against these claims, and try to reduce the amount of compensation you receive. Therefore, it is crucial to speak with a reputable lawyer as soon as you can after an accident.
Federal Employers' Liability Act
It is important to know that as a railroad worker, you have special rights under the
Federal Employers Liability Act (FELA). FELA is a set of federal laws that are exclusive to railroad workers. It differs from traditional workers laws governing compensation that apply to state workers in other industries, and it focuses on the negligence of railroad companies. You must prove your employer's negligence in order to win an FELA claim. The best way to do this is by collaborating with a lawyer that specializes in FELA claims and has experience with the types of cases.
If you are performing heavy work on a train yard 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 a chance that you may be injured while working. These injuries can be severe and lead to costs for medical expenses, lost earnings due to not being able to work, and even pain and suffering. In some cases injuries, they can be fatal. Fortunately, the law safeguards railroad employees and their families when this happens. Enacted in 1908, the FELA allows railroad workers to sue their employers when they suffer injuries on the job. This is in addition to the state's workers compensation laws. However, FELA has its own unique rules and standards of evidence.
To win the FELA case, the plaintiff must prove that their railroad company was negligent. In some cases, the injuries were caused by defective equipment or infractions of the Locomotive Inspection Act or the Safety Appliance Act. Railroad workers injured in an accident may pursue a lawsuit to seek compensatory damages for medical expenses as well as loss of earnings and other losses, such as pain and suffering and aggravation of pre-existing ailments.
Unlike workers' compensation claims, FELA claims are decided by the jury. This is advantageous because it allows for a greater payout. The lawyers at Cooper Hurley Injury Lawyers are knowledgeable about FELA law and can help you obtain the compensation you deserve. The FELA allows railroad workers injured up to three years to file a lawsuit. It is best to hire an FELA attorney right away to begin collecting evidence. Evidence may disappear over time.
Statute of limitations
A statute of limitation imposes the time frame within which legal proceedings can be initiated in connection with a particular event. It also limits the capacity of prosecutors to pursue criminal charges for an offense after the statute has expired. This is a crucial legal principle and helps ensure that justice is served with fairness.
Both civil and criminal law have statutes of limitations however they differ by location. Generally civil lawsuits are limited to a period of two to three years of limitation. Criminal cases can have different timeframes based on the type of crime or type. Homicides for instance, have no time limit 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 an action in court can last for certain types of cases. For instance, actions for slander and for claiming penalties or forfeitures are usually limited to brief periods of time. Similar to that, cases involving the administration of estates have the same time limit to begin.
The best method to determine if you have enough time to make a FELA claim is to consult with an experienced FELA attorney. They can evaluate your situation, gather evidence and negotiate on your behalf with the railroad company. They will protect your rights and ensure that you file your claim within the appropriate timeframe.
If you do not file your case before the statute of limitations has expired it is highly likely that your case will be dismissed. A skilled FELA lawyer will make sure that the statute of limitations is not in violation and that the case is filed on time for the court to take a look at it.
It is important to hire a FELA lawyer however, it is crucial to choose one you can trust. There are DLC and non-DLC firms that specialize in FELA claims however, it is crucial to choose a firm you feel comfortable with. Regardless of whether you work for an DLC or non-DLC firm, it is essential to speak with an attorney prior to making a statement to the railroad claims agent.
Comparative Negligence
The concept of comparative fault determines the amount of damages an injured party is able to be awarded in the event of negligence claims. The amount of compensation a plaintiff receives is diminished by the proportion of their own negligence that contributed to the accident. Comparative fault is not an absolute defense against negligence-based claims.
The laws governing comparative negligence differ between states, but most of them recognize some type of. For instance, New York uses pure comparative negligence, which means that a person's negligence is in comparison to the negligence of the defendant. If one person's negligence is greater than the other, they can't claim damages from the defendant. If both parties are equally responsible for the incident, then each party can claim their share of the costs.
This type of law is typically used to assign blame in auto accidents involving multiple drivers. If two drivers violate traffic laws and cause an accident then the insurance company will assign to each driver a percentage of blame for the crash, based on the factors they played a role in.
If a FELA-claimant can prove the negligence of their employer to meet safety standards led to their injury, they are entitled to monetary compensation. This includes past and future medical expenses and lost income, as well as pain and discomfort, and more. The degree of negligence that has to be proven is lower than in normal negligence claims, so it is crucial to have a FELA attorney on your side.
Due to the fact that the laws regarding comparative negligence differ from state-to-state, FELA claims can be complicated and require an experienced attorney. Mikel J. Hoffman, a law firm in New York with over 30 years of experience dealing with FELA lawsuits and personal injury claims, is a good option. Contact them today for a free consultation. It is essential to act fast. You have three years from the date of injury to file a suit or settle your case. Call or complete our online form to schedule a consultation with a licensed FELA attorney. You deserve fair representation. We are looking forward to getting in touch with you!
Damages
Do not let a company agent handle your claim if were injured on the job. They won't have your best interests at heart, as their job is to save the company money by settlement your case for the smallest amount possible. A competent FELA attorney, who specializes in railroad injuries and litigation will know what your case is worth and bargain with the company to secure the highest amount of compensation.
In a FELA lawsuit railroad workers who are injured can receive monetary compensation for a range of losses, including medical expenses that are past and future caused by the injury, loss of income and future earning capacity, emotional distress and pain and suffering. This system differs from traditional laws for workers' compensation.