FELA Attorneys Near Me
A highly competent FELA lawyer can help you file an action against a railroad company to recover work-related injuries. However it is important to note that a FELA lawsuit is not identical to a workers compensation or personal injury claim.
The railroad companies will defend these claims, and try to reduce the amount of compensation you receive. Therefore, it is important to speak with a professional lawyer as soon as you can after an accident.
Federal Employers' Liability Act
If you're working for a railroad you must be aware of the specific protections under the Federal Employers' Liability Act (FELA). FELA is a set of federal laws that are specific to railroad workers. It is different from the regular workers' compensation laws which apply to workers in other industries and concentrates on the negligence of railroad employers. You must prove the negligence of your employer in order to prevail on the FELA claim. This can be accomplished by collaborating with a lawyer that specializes in FELA cases and has experience with this type of case.
Whether you are doing heavy work in the train yard, service personnel who help passengers and freight move between trains as well as on the train cars themselves, or office workers who manage paperwork for the railroad there is the possibility that you will be injured on the job. These injuries could be severe and can result in expenses for medical treatment, loss of earnings due to being unable to work, as well as pain and suffering. In some instances injuries, they can even be fatal. Fortunately, the law safeguards railroad employees and their families when this happens. In 1908, the FELA allows railroad employees to sue their employers if they suffer injuries on the job. This is in addition to the state's laws regarding workers' compensation. However, FELA has its own specific rules and standards of evidence.
A FELA lawsuit requires that the plaintiff demonstrate the negligence of the railroad company that caused their injuries. In some cases injuries are caused by defective machinery or violations of the Locomotive Inspection Act and the Safety Appliance Act. Railroad employees who are injured may file a lawsuit to seek compensation for medical expenses, lost earnings and other damages such as discomfort and pain, as well as aggravation of existing conditions.
In contrast to workers' compensation claims, FELA claims are decided by a jury. This is advantageous because it allows for a greater compensation. The lawyers at Cooper Hurley Injury Lawyers are knowledgeable about FELA law and can assist you seek the compensation that you deserve. Injured railroad workers have up to three years to bring a lawsuit under FELA. However, it is best to hire a skilled FELA attorney as soon as you can so that they can begin gathering evidence right away. Evidence can disappear over time.
Statute of limitations
A statute of limitations defines the maximum time in which legal proceedings can be initiated over a certain event. The statute of limitations also restricts the power of authorities to charge a person with a criminal crime after the time limit has expired. It is a fundamental legal rule that helps ensure justice is served.
Statutes of limitation apply in both criminal and civil law, but they differ considerably by region. Generally civil lawsuits are limited to two to three years of limitations. Criminal cases however may have different timeframes dependent on the nature of the crime and nature. Homicides, for instance, have no statute of limitations in any way. Other felonies are, however, able to be prosecuted anytime.
There are other laws in addition to the statute of limitations, that restrict how long an legal proceeding can last for specific types of cases. For example actions to claim penalties or forfeitures as well as to sue for slander are often limited by time limits. Similar to that, cases involving the administration of estates have an imposed time limit to be started.
Consult an experienced FELA lawyer to determine if there is still time to make a claim under the FELA. They can evaluate your situation, gather evidence and negotiate on your behalf with the railroad company. They will work diligently to defend your rights and ensure that the appropriate timeframe is set for filing claims.
If you do not file your case before the statute of limitations has expired then it is likely that your case will be dismissed. A knowledgeable FELA lawyer will ensure that the statute of limitations has not violated and that your case is filed in time for the court to consider it.
It is essential to choose a FELA lawyer however it is important to select a lawyer you can trust. Both DLC and non DLC firms specialize in FELA Claims, but it's crucial to select a company that you trust. Whatever your position, whether for a DLC or a non-DLC company, it is essential to speak with an attorney before giving a statement to the railroad claims agent.
Comparative Negligence
The legal principle of comparative negligence defines how much of the injured party's damages they are able to recover in a negligent-based lawsuit. The amount of compensation a plaintiff receives is diminished by the proportion of their own fault that contributed to the incident. Comparative fault is not an all-encompassing defense for negligence-based claims.
Comparative negligence laws vary from state to state but most of them recognize some form of it. 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 more severe than the other's, they can't recover damages from the defendant. If they're both equally responsible for the incident, each person can recover their share of the costs.
This type of law is typically used to assign fault in auto accidents that involve multiple drivers. For instance when two drivers violate traffic laws and have an accident and cause an accident, the insurance company will assign each driver a particular percentage of responsibility for the accident based upon the contributing factors.
If fela railroad settlements can prove the negligence of their employer to meet safety standards led to their injury, then they will be eligible for financial compensation. This could include future and past medical costs as well as loss of income, pain and suffering, and many more. However, the amount of responsibility that has to be shown is less than in ordinary negligence cases, which is why it's important to have an skilled FELA attorney representing your behalf.
Since the laws governing comparative negligence vary from state to state, FELA claims are complex and require the help of an experienced attorney. Fortunately, the law firm of Mikel J. Hoffman has more than 30 years of experience in handling FELA claims as well as personal injury lawsuits in New York. Contact them today for an obligation-free consultation. It is important to act fast. You have three years from the date of injury to file a suit or settle your case. To set up a consultation, call or complete our contact form online. You deserve fair representation. We are looking forward to hearing from you!
Damages
Do not let a company agent handle your claim if you were injured while working. They don't have your best interests at heart since their role is to save the company money by settlement your case for the smallest amount possible. A FELA attorney who is specialized in railroad litigation and injuries will be aware of the importance of your case and will negotiate for maximum compensation with the company.
In a FELA lawsuit, injured railroad workers can receive monetary compensation for a variety of losses, including medical expenses in the past and the future due to the injury and loss of income, future earning capacity, emotional distress and suffering and pain. This system is different from traditional workers' compensation laws. It is a system built on fault, and requires the employer to demonstrate negligence to recover damages. A St. Louis FELA attorney can assist you in determining the cause of negligence.
Inattention on the part of the railroad can be caused by unsafe working conditions, inadequate training, failure to follow safety regulations, and improper maintenance of equipment. Even the employee is partially responsible for an accident, FELA allows them to claim damages. The amount of damages that an employee can recover is based on how much the employer's fault is found with.
A FELA attorney will also protect your rights, and ensure that you don't make a statement right away to the railroad claims department. This is vital as the information you provide can impact both your FELA claim as well as your job status. Before you make any statements to the claims office, you must always consult with an experienced FELA attorney, regardless of whether they are DLC certified or not. A reputable FELA lawyer will be able to explain the consequences of making a statement and how that may impact your legal rights.