FELA Attorneys Near MeA highly skilled FELA lawyer can help you bring an action against a railroad company for work-related injuries. A FELA lawsuit, however, is not the equivalent of a workers compensation or personal injury claim.
Railroad companies will fight these claims and attempt to reduce the amount of compensation you receive. It is crucial to speak with a qualified lawyer as soon as you can after an accident.
Federal Employers' Liability Act
It is important to know that as a railroad employee you are entitled to certain rights under the Federal Employers Liability Act (FELA). FELA is an array of federal laws that are exclusive to railroad workers. It is distinct from regular workers' compensation laws which are applicable to workers in other industries. It is focused on the negligence of railroad employers. You must demonstrate the negligence of your employer in order to prevail on a FELA claim. This can be accomplished by collaborating with a lawyer that specializes in FELA cases and has experience with this kind of case.
There is always the chance of getting injured at work, whether you are an employee in a train yard or a service worker who helps passengers and freight transfer from trains to train cars and reverse, or an office worker who manages paperwork for the railroad. These injuries can be serious and can result in costs for medical expenses, lost earnings due to not being able to work, and even pain and suffering. In some cases, the injury can even be fatal. Fortunately, the law safeguards railroad employees and their families in the event of such an incident. The FELA law, which was passed in 1908, permits railroad workers to sue employers in the event that they are injured while at work. This is in addition to the state's workers ' compensation laws. However, FELA has its own unique rules and standards of evidence.
To prevail in a FELA case the plaintiff must demonstrate that their railroad company was negligent. In some cases injuries were caused by faulty machinery or infractions of the Locomotive Inspection Act and the Safety Appliance Act. Railroad workers who have been injured can file a lawsuit seeking compensatory damages for medical expenses as well as loss of earnings and other losses such as suffering and pain and aggravation of existing conditions.
Contrary to claims for workers' compensation, FELA claims are decided by the jury. This is a benefit since it offers a higher amount of compensation. The lawyers at Cooper Hurley Injury Lawyers are knowledgeable about FELA law and can help you get the compensation you are entitled to. Railroad workers injured in an accident have up to three years to make a claim under FELA. However, it is best to employ a competent FELA attorney as soon as possible to begin gathering evidence as soon as possible. This is due to the fact that evidence can disappear over time.
Statute of limitations
A statute of limitations sets the time frame within which legal proceedings may be initiated in connection with a particular event. It also limits the ability of prosecutor to pursue criminal charges over a crime once the statute of limitations has expired. It is a fundamental legal rule that ensures justice is served.
Both civil and criminal law have statutes of limitations, but they vary greatly according to the region. Civil lawsuits are subject to a two-to three year limitation period. Criminal cases may have different timelines depending on the type of crime or kind. For instance, homicides have no limitation period at all, whereas other felonies may be prosecuted at any time.
There are a variety of other laws in addition to the statute of limitations, which limit how long an action in court can last for certain kinds of cases. For instance actions to seek forfeitures or penalties and to sue for slander are usually governed by time limits. The time period for bringing a case that involves the administration of an estate is also capped.
Consult an experienced FELA lawyer to determine if there is still time to file a claim under 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 set for filing a claim.
If you wait until after the statute of limitations expires, it is very likely that your case will be dismissed. A skilled FELA lawyer will make sure that the statute of limitations has not breached and that your case is filed on time for the court to consider it.
While it is essential to find a FELA attorney but it is equally important to choose one that you are confident in. There are both DLC and non-DLC firms that specialize in FELA claims however, it is crucial to choose the firm that you are at ease with. No matter if you work for an DLC or non-DLC firm it is important to consult with an attorney prior to submitting a statement to the railroad claims agent.
Comparative Negligence
The legal principle of comparative negligence decides the amount of the damages they are able to recover in a negligent-based lawsuit. The amount of negligence a plaintiff contributed to an accident determines their compensation. Comparative fault is not a complete defense against negligence-based claims.
Comparative negligence laws differ from state to state but most of them recognize some form of it. New York, for example is a state that uses pure comparative fault, which means that a person's fault will be compared to the defendant's negligence. If one person's negligence is more severe than the other's, they aren't able to recover damages from the defendant. If both parties are equally responsible for the incident, then each can recover their proportionate share of damages.
This type of law is typically used to assign blame in auto accidents that involve multiple drivers. For instance in the event that two drivers violate traffic laws and have an accident the insurance company will assign each driver a certain percentage of responsibility for the crash based on the contributing factors.
If an
fela claims railroad employees claimant can demonstrate that their employer's failure to comply with safety standards led to their injury, they'll be eligible for an amount of money to compensate for their losses. This can include past and future medical expenses and lost income, as well as discomfort and pain and much more. However, the amount of responsibility that has to be proven is lower than in ordinary negligence cases, which is why it is important to hire an skilled FELA attorney working on your behalf.
Since the laws governing comparative negligence vary between states, FELA claims are complex and require the assistance of an experienced attorney. Mikel J. Hoffman, a law firm in New York with over 30 years of experience in dealing with FELA lawsuits and personal injury claims, is a great choice. Contact them now for a no-cost consultation. You have three years to make a claim or settle your case starting from the date of your injury, so it's better to act now rather than later. To schedule a consultation, contact us or complete our online contact form. 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 are not in your best interests, as they're there to save money by settling the case for the lowest amount possible. A FELA attorney who is specialized in railroad-related litigation and injuries will understand the importance of your case and ensure that you receive the maximum amount of compensation from the company.
In a FELA suit, railroad workers who are injured are entitled to financial compensation.