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FELA Attorneys Near Me
A highly skilled FELA lawyer can assist you to bring an action against a railroad firm for work-related injuries. A FELA lawsuit is, however, not the same as a workers compensation or personal injury claim.
Railroad companies will fight against these claims and attempt to reduce the amount of compensation you receive. Therefore, it is important 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 need to be aware of the special protections under the Federal Employers Liability Act (FELA). FELA is a set of Federal employers’ laws that are exclusive to railroad workers. It is different from the regular workers' compensation laws that apply to workers in other industries. It concentrates on the negligence of railroad employers. You must demonstrate your employer's negligence in order to be successful in a FELA claim. The best way to accomplish this is by collaborating with a lawyer who is specialized in FELA claims and has experience in these kinds of cases.
It doesn't matter if you're doing heavy labor on trains, service personnel who help passengers and freight move between trains as well as on the train cars themselves or office workers handling paperwork for railroads there is the chance that you could be injured on the job. These injuries could be severe and result in expenses for medical treatment, loss of earnings due to not being able to work, and pain and suffering. In some cases, the injury can even be fatal. Fortunately, the law is there to protect railroad workers as well as their families in the event of such an incident. Enacted in 1908, the FELA allows railroad workers to sue their employers when they suffer injuries while 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 proof.
A FELA lawsuit requires that the plaintiff demonstrate their railroad company's negligence caused their injury. In some cases injuries were caused by defective machinery or infractions of the Locomotive Inspection Act and the Safety Appliance Act. Injured railroad employees can file a lawsuit to claim compensation for medical expenses, lost earnings, and other damages such as pain and discomfort and aggravation existing ailments.
Unlike workers' compensation, a jury determines FELA claims. This is advantageous because it allows for a higher compensation. The attorneys 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 recommended to hire an FELA attorney as soon as you can to begin collecting evidence. Evidence may disappear over time.
Statute of Limitations
A statute of limitations sets an amount of time within which legal proceedings can be initiated in connection with a particular event. The statute of limitations also restricts the power of prosecutor to charge a person with a criminal crime after the time limit has expired. It is a key legal principle, and it helps ensure that justice is served fairly.
Statutes of limitation apply in both civil and criminal law, although they vary significantly by jurisdiction. Civil lawsuits have a two to three year limitation period. Criminal cases, on the other hand may have different timeframes based on the crime and case nature. For instance, homicides have no statute of limitations at all, while other felonies can be pursued at any time.
There are other laws that, in addition to the statute of limitations, that restrict how long an action in court can last for certain kinds of cases. For instance, actions for the slander of others and for claiming penalties or forfeitures are typically limited to brief periods of limitation. In the same way, actions that concern the administration of estates are usually limited to a a limited amount of time to be started.
Talk to an experienced FELA lawyer to determine if there is still time to make a claim under the FELA. They can assess your situation, gather evidence and negotiate on behalf of you with the railroad company. They will diligently safeguard your rights and make sure that the proper deadline is met to file an claim.
If you do not file your case before the expiration date of the statute of limitations then it is likely that your case will be dismissed. A FELA lawyer who is experienced will ensure that the statute of limitation is not violated, and that your case will be filed in time to be examined by the court.
It is important to hire a FELA lawyer however, it is important to select one you can trust. There are DLC and non-DLC firms that specialize in FELA claims However, it is essential to choose the firm that you are comfortable with. It is important to consult an attorney prior to making any statement, regardless of whether you are employed by the DLC firm or a non-DLC firm.
Comparative Negligence
The legal principle of comparative negligence determines the amount of an injured party's damages they are entitled to in a negligent-based claim. Essentially, a plaintiff's recovery is diminished by the proportion of their own fault that caused the accident. Comparative fault is not an all-encompassing defense for negligence-based claims.
Comparative negligence laws vary from state to state, however, the majority of states recognize some form of it. New York, for example, uses pure comparative fault, which means the fault of a person will be compared with the negligence of the defendant. If one person's negligence exceeds the other, they can't claim damages from the defendant. If both parties are equally responsible for the accident and each is liable for their proportionate share of damages.
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 each driver a share of the blame for the accident, based on the factors they contributed to.
If a FELA claimant can prove the employer's inability to meet safety standards led to their injuries, then they are entitled to financial compensation. This includes past and future medical expenses as well as lost income, pain and discomfort and more. The amount of negligence that has to be proved is less than in normal negligence claims, so it is essential to have a fela law firm attorney on your side.
Since the laws on comparative negligence differ from state to state, FELA claims are complex and require the assistance of an experienced attorney. Fortunately, the law firm of Mikel J. Hoffman has more than 30 years of experience in handling FELA claims and personal injury lawsuits in New York. Contact us today for a no-cost consultation. It is crucial to act swiftly. You have three years from the date you were injured to file a lawsuit or settle your case. Call us or fill out our online form to schedule a meeting with a reputable FELA attorney. You deserve fair representation. We look forward to getting in touch with you!
Damages
Do not let a company agent manage your claim if you were injured on the job. They don't have your best interests at heart because their goal is to save money for the company by settling your case for the lowest amount possible. A FELA lawyer who is skilled in railroad litigation and injuries will be aware of the value of your case and negotiate for maximum compensation with the company.
In a FELA lawsuit railroad workers who are injured are entitled to financial compensation for a variety of losses including medical expenses in the past and the future related to the injury and loss of income, future earning capacity, emotional distress, and suffering and pain. This is a different system from traditional laws governing workers' compensation. It is a fault-based system that requires proof of negligence on the employer's part to be able to claim damages. A St. Louis FELA attorney can assist you in determining the root of the negligence.
The negligence of the railroad can be caused by unsafe working conditions, lack of proper training, failure to follow safety rules, and insufficient maintenance of equipment. Even if an employee was partially at fault for an accident, they could still claim damages under FELA. However, the amount of damages that can be recovered is based on the proportion of fault the employer is found to have.
Additionally, a FELA lawyer will defend your rights and ensure that you don't give a statement to the claims department of the railroad immediately. This is crucial since the information you give can impact both your FELA claim and your job status. Before you make any statements to the claims office, it is recommended to always consult with an experienced FELA attorney, regardless of whether you are certified DLC or not. A reputable FELA lawyer will be able to explain the implications of submitting an answer and how it may impact your legal rights.