FELA Attorneys Near Me
A highly skilled FELA lawyer can assist you to file a claim against a railroad company for work-related injuries. However, a FELA lawsuit is not the same as a worker' comp or personal injury claim.
Railroad companies will fight to deny these claims and reduce the amount you receive in compensation. It is crucial to speak with a qualified lawyer immediately after an accident.
Federal Employers' Liability Act
You should be aware that as a railroad employee, you have special rights under the Federal Employers Liability Act (FELA). This is due to the fact that FELA is a distinct set of federal laws designed specifically for railroad workers. It is distinct from regular workers' compensation laws which are applicable to workers in other industries and concentrates on the negligence of railroad employers. This means that you need to prove your employer's negligence in order to prevail in an FELA case. The best way to accomplish this is by working with a lawyer who is specialized in FELA claims and has experience in these types of cases.
Whether you are doing heavy labor on a train yard or service workers who help passengers and freight move between trains as well as on the train cars themselves or office workers handling paperwork for the railroad there is always a chance that you may be injured on the job. These injuries could be serious and can result in medical bills, lost wages from not being able work, as well as discomfort and pain. In some instances the injury could be fatal. Fortunately, the law protects railroad workers and their family members when this happens. Enacted in 1908, the FELA allows railroad employees to sue their employers when they suffer injuries on the job. This is in addition to the state's laws on workers' compensation. FELA, however, has its own rules and standards for proof.
A FELA lawsuit demands that the plaintiff prove the negligence of their railroad company caused their injuries. In some instances, the injuries were caused by faulty equipment or violations of the Locomotive Inspection Act or the Safety Appliance Act. Railroad workers who have been injured 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 existing conditions.
In contrast to workers' compensation claims, FELA claims are decided by a jury. This is an advantage because it provides a higher level of compensation. The attorneys at Cooper Hurley Injury Lawyers are knowledgeable about FELA law and can help you get the compensation you are entitled to. The FELA provides railroad workers who are injured up to three years to file a suit. It is recommended to hire a FELA attorney as soon as possible to start gathering evidence. Evidence can vanish over time.
Statute of Limitations
A statute of limitations sets the time frame within which legal proceedings can be brought over a specific event. It also limits the power of prosecutors to pursue criminal charges against a crime after the statute of limitations has expired. It is a fundamental legal rule that helps ensure justice is served.
Both criminal and civil law have statutes of limitation, but they vary greatly depending on the jurisdiction. Generally, civil lawsuits are subject to two to three years of limitations. Criminal cases however, can have different timelines depending on the crime and case type. For example, homicides have no statute of limitations at all, while other felonies may be pursued at any time.
There are a variety of other laws that, in addition to the statute of limitations, that restrict how long an legal proceeding can last for specific types of cases. For instance, cases involving the slander of others and for claiming penalties or forfeitures are typically limited to brief periods of time. Similarly, proceedings that involve the administration of estates are usually limited to a a limited amount of time to begin.
Talk to an experienced FELA lawyer to determine if there's still time to file a claim under FELA. They will assess your situation, gather evidence, and negotiate with the railroad company on your behalf. They will protect your rights, and ensure that you file a claim within the proper time frame.
It is likely that your case would be dismissed when you wait until the time limit has run out. 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 review it.
It is important to hire a FELA lawyer, but it is also important to select a lawyer you can trust. There are DLC and non-DLC firms that specialize in FELA claims, but it is important to choose the firm that you feel at ease with. It is essential to speak with an attorney before making any statement regardless of whether or not you work for a DLC firm or a non-DLC firm.
Comparative Negligence
The concept of comparative fault determines the amount that a victim can recover under a negligent claim. The percentage of negligence a plaintiff caused to cause an accident is what reduces the amount they can recover. However, comparative fault is not a complete defense to negligence-based claims.
Comparative negligence laws differ from state to state however, most states recognize some type of. New York, for example has a pure comparative fault. This means that the person's negligence will be compared with the negligence of the defendant. If one person's negligence is greater than the other, they can't get compensation from the defendant. If both parties are equally responsible for the incident, then each can recover their share of the costs.
This type of law is typically used to assign blame in car accidents involving several drivers. If two drivers break traffic laws and cause an accident then the insurance company will assign to each driver a share of blame for the crash, based on the factors they played a role in.
If a FELA-claimant can demonstrate that the employer's inability to comply with safety standards lead to their injuries, then they will be eligible for the financial compensation they deserve. This includes past and future medical expenses, lost income, pain and discomfort, and more. However, the degree of fault that must be proved is lower than in typical negligence cases, which is why it is important to hire an skilled FELA attorney working on your behalf.
Due to the fact that comparative negligence laws differ from state-to-state, FELA claims can be complicated and require an experienced attorney. Fortunately the law firm of Mikel J. fela claims has over 30 years of experience in handling FELA claims and personal injury lawsuits in New York. Contact them now for a no-cost consultation. You have three years to make a claim or settle your claim from the date of your injury, therefore it's important to act sooner rather than later. To set up a consultation, call us or complete our online form to contact us. You deserve fair representation. We are looking forward to getting in touch with you!
Damages
Do not let a representative from the company handle your claim if were injured on the job. They are not looking out for your best interests as they are there to save money by settling the case at the lowest amount possible. A knowledgeable FELA attorney, who specializes in litigation and railroad injuries will know what your case is worth and negotiate with the company for maximum compensation.
In a FELA suit railroad workers who are injured are entitled to financial compensation. This includes past and future medical expenses related to the injury, loss of income, future earning potential as well as emotional distress and suffering and pain. This system is different from traditional laws governing workers' compensation. It is a system built on fault, which requires employers to prove their negligence in order to be able to claim damages. A St. Louis FELA attorney can help you establish the root of the negligence.
Negligence by the railroad can be unsafe working conditions, a lack of training or a failure to adhere to safety rules, and a lack of maintenance. Even if the employee is partially at fault for an accident, they may still be compensated under FELA. The amount of damages an employee is able to recover is based on how much fault the employer is found with.
A FELA attorney will also defend your rights, and make sure that you do not provide a statement without delay to the railroad claims department. This is important because the information you give could affect your FELA claim and also your job status. It is best to consult an experienced FELA lawyer, whether DLC or not before giving any information to the department of claims. A reputable FELA lawyer can explain the consequences of giving statements and how they can affect your legal rights.