FELA Attorneys Near Me
A FELA lawyer with extensive experience can help you to file claims for work-related injuries against a railroad. A FELA lawsuit however, isn't the same as a workers compensation or personal injury claim.
Railroad companies will fight to deny these claims and reduce the amount you receive in compensation. Therefore, it is crucial to consult with a qualified attorney as soon as you can after an accident.
Federal Employers' Liability Act
If you're working for a railroad you must be aware that you have 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 that apply to state workers in other industries, and focuses on the negligence of railroad companies. This means that you have to prove that your employer's negligence in order to win the FELA case. This can be done by working with a lawyer that specializes in FELA cases and has experience in this type of case.
There is always the risk of getting injured while working regardless of whether you're working as a heavy-duty laborer in a train yard, someone who assists passengers and freight transfer from trains to trains and reverse or an office worker that handles the paperwork for the railroad. These injuries can be severe and result in costs for medical bills, lost wages due to not being able to work, and pain and discomfort. In some instances injuries, they can even be fatal. Fortunately, the law protects railroad workers and their family members in the event of such an incident. Enacted in 1908, the FELA allows railroad workers to sue their employers when they are injured while on the job. This is in addition to the state's laws on workers' compensation. However, FELA has its own specific rules and standards of evidence.
A FELA lawsuit requires that the plaintiff prove their railroad company's negligence caused their injury. In some cases, the injuries were caused by defective equipment or infractions of the Locomotive Inspection Act or the Safety Appliance Act. Injured railroad workers may 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 claims for workers' compensation, FELA claims are decided by a jury. This is advantageous because it allows for a higher level of compensation. The lawyers at Cooper Hurley Injury Lawyers are experienced in FELA law and can assist you seek the compensation that you are entitled to. The FELA allows railroad workers injured up to three years to file a suit. It is best to hire an FELA attorney right away so that they can begin gathering evidence. This is due to the fact that evidence can disappear over time.
Statute of Limitations
A statute of limitations imposes a maximum amount of time in which legal proceedings can be initiated over a certain event. It also limits the capacity of prosecutor to pursue criminal charges over a crime after the statute of limitations has expired. It is a fundamental law principle that helps ensure justice is served.
Both civil and criminal law have statutes of limitations however they differ depending on the location. fela settlements are subject to a two-to three year limitation period. Criminal cases however are subject to different time frames depending on the nature of the crime and kind. For instance, homicides have no statute of limitations at all, whereas other felonies may be prosecuted at any time.
There are many other laws, in addition to the statute of limitations, that restrict how long an action in court can last for specific types of cases. For example, actions to claim forfeitures or penalties as well as to sue for slander are often limited by time limits. The time limit for bringing a case involving the administration of an estate is also limited.
Consult an experienced FELA lawyer to determine if there is still time to file a claim under FELA. They can evaluate your case, gather evidence and negotiate on your behalf with the railroad company. They will do their best to safeguard your rights and make sure that the appropriate deadline is met to file an claim.
It is likely that your case would be dismissed when you wait until the deadline for filing a case has passed. A FELA lawyer who is well-informed will ensure that the statute of limitation is not violated and that your case will be filed in time to be taken into consideration by the court.
It is important to hire a FELA lawyer however it is crucial to choose one you can trust. Both DLC and non DLC firms specialize in FELA Claims, but it's crucial to select a company that you are comfortable with. No matter if you work for an DLC or non-DLC firm it is important to consult with an attorney prior to making the statement to the railroad claims agent.
Comparative Negligence
The principle of comparative blame determines the amount of damages that a victim can recover under negligence claims. Essentially, a plaintiff's recovery is diminished by the proportion of their own negligence that contributed to the accident. However the concept of comparative fault isn't an absolute defense against negligence-based claims.
Comparative negligence laws differ between states, but most of them recognize some form of it. New York, for example is a state that uses pure comparative fault. This means that the person's negligence will be compared with the defendant's negligence. If the negligence of one person is more severe than the other's, they aren't able to claim damages from the defendant. If both parties are equally responsible for the accident then each can recover their fair share of the damages.
This type of law is commonly used to determine fault in auto accidents involving multiple drivers. If two drivers violate traffic laws and cause an accident then the insurance company will assign each driver a share of the blame for the accident according to the factors they contributed.
If a FELA-claimant can demonstrate that the employer's inability to adhere to safety standards led to their injury, then they are entitled to the financial compensation they deserve. This could include past and future medical expenses as well as loss of income, pain and suffering, and much more. However, the amount of fault that must be proved is lower than in typical negligence cases, and it is important to hire an skilled FELA attorney working on 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 over 30 years of experience in handling FELA claims as well as personal injury lawsuits in New York. Contact them now for a no-cost consultation. You have three years to start a lawsuit or settle your claim from the date of your injury, therefore it's important to act sooner rather than later. Call us or complete our online form to schedule a consultation with a reputable FELA attorney. You deserve fair representation. We look forward to hearing from you.
Damages
Do not allow a representative of the company handle your claim if you were injured on the job. They are not trying to protect your best interests, since they are there to save money by settling the case at the lowest amount possible. A competent FELA attorney, who specializes in railroad accidents and litigation will know how much your case is worth and will negotiate with the company to get the highest amount of compensation.
In a FELA suit, railroad workers who are injured are entitled to financial compensation. This includes medical expenses related to the injury, loss of income, future earning potential as well as emotional distress and suffering and pain. This is a different system than traditional workers' compensation laws. It is a fault-based system that requires proof of negligence on part of the employer to be able to claim damages. A St. Louis FELA attorney can help you establish the cause of negligence.
Negligence on the part of railroads could be unsafe working conditions, lack of training and a failure to comply with safety guidelines, or even improper maintenance. Even if an employee is partly responsible for an accident, they may still be compensated under FELA. However the amount that are able to be recovered is determined on the amount of fault the employer is found to have.
A FELA attorney will also protect your rights, and ensure that you do not provide a statement without delay to the railroad claims department. This is vital as the information you provide can affect both your FELA claim and your job status. It is recommended to consult an experienced FELA lawyer, whether DLC or non-DLC, before giving any information to the claims department. A reputable FELA lawyer will be able to explain the implications of giving an answer and how it can affect your legal rights.