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How Federal Employer Liability Act (FELA) Lawsuits Are Handled
When it comes to FELA injury claims, the process largely mirrors personal injury lawsuits. Your employer and legal representative will investigate the incident thoroughly before negotiating settlement options.
This is the reason that hiring an FELA attorney with experience is vital. A successful claim can lead to the payment of medical expenses as well as lost wages and other non-economic damages such as suffering and pain.
Statute of Limitations
The Federal Employers' Liability Act (FELA) that was passed in the year 1986, provides railroad workers with more protections than state workers' compensation laws. While claims for workers' compensation are filed and handled in the state where an injury occurs, FELA claims can be brought to any court in the United States. However, as with any legal claim it is crucial to have a clear understanding of the law and how it applies to your particular case.
One of the most important aspects of an FELA case is the statute of limitations. A statute of limitations is a time period within which a lawsuit must be brought or it will be deemed to be inadmissible. In the majority of states, a person is granted two to three years in which to file a civil lawsuit for personal injuries that were caused by the negligence of another party. However, the FELA statute of limitations is significantly shorter. In most instances, a person has to submit a FELA claim or lawsuit within three years of the date they discovered or should have realized that their injury was related to their railroad work.
This three-year window is important as if a person injured or a family member of someone who has died does not meet the deadline, they lose the right to sue. The legal system enforces the timeframes and rarely allows for exceptions. This is why it is crucial for railroad workers injured or the loved one of a deceased worker to seek the help of an experienced attorney as soon as they can after their accident.
In the vast majority FELA lawsuits, a worker who has been injured can claim damages, including medical expenses, lost wages and suffering and pain. These damages are available for traumatic injuries like broken bones and torn muscles as well as occupational illnesses like mesothelioma, among other cancers. A FELA claim could also contain compensation for the ancillary costs relating to the injury such as transportation to and from work.
Documentation of the damage and injuries is vital to the success of a FELA claim. This documentation should include medical reports that detail the severity of the person's injury as well as its connection to the workplace incident. It is also essential to collect as much information about the workplace incident and witnesses who are able to testify to the truth.
In the case of a death, compensation will be awarded to the surviving spouse and children of the deceased. In most instances, a maximum of 300,000 dollars of wrongful death benefits will be granted to the surviving spouse and child. This amount may be increased in the event that an heir can prove that the death resulted from a violation of the federal Employers’ safety law or regulation.
Statute of Repose
The Federal Employers Liability act (FELA) allows families of railroad workers injured or die in the course of work to receive compensation. According to Supreme Court Justice William Douglas, FELA "imposes on the industry a portion of the costs of eyes, legs hands, and lives that it takes while conducting its business."
In the event of injury, illness, or death, it is essential to file an incident report and official documents. FELA also requires that the railroad provide its employees with a safe environment to work and forces it to answer to its employees.
The statute of limitations may be a hindrance to a lawsuit if it is not filed within three years following the incident. It's essential to contact an attorney who is familiar with FELA law and can file your claim promptly.
Unlike worker's compensation claims, FELA cases can be filed in both state and federal courts. It is easier to make a claim in federal court when the plaintiff's lawyer is experienced in this jurisdiction.
The statute of limitations for FELA claims differs from the workers' compensation statute of limitations. In most states, a lawsuit is required to be filed one or two years after the date of injury. In FELA claims, the deadline is usually three years following the date of the discovery of the injury or illness. In some instances, this timeline may be extended based on the date of discovery or in the case of a disease that was diagnosed, the date on which it was first identified as being related to employment.
A personal representative must be appointed by the decedent's estate in order to start a lawsuit for wrongful death under FELA. Anyone else who files a claim is not in standing and is dismissed.
In the majority of FELA cases the plaintiff needs to prove that the illness or injury was at least partially caused due to the negligence of their employer. The burden of proof is different considerably from what is required to win a negligence claim.
Even though a lawsuit may be filed in a federal or state court system, the majority of FELA cases are settled through mediation prior to trial. A FELA lawyer who has experience can help you get the best possible outcome for your case by representing you at these pre-trial conference and mediations. A lawyer who has tried FELA trials can make sure that the arbitrator or judge understands what's at stake for you and/or your family.
Pre-trial Conferences
The process of filing a suit is a daunting task for railroad workers who have been injured in the course of their work. While every case is different however, there are some general guidelines that most civil lawsuits follow. The skilled FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the litigation process.
If you are injured at work The first thing you need to do is seek medical attention and inform your employer. The next step is to contact an FELA attorney or union representative. This will initiate the legal process of proving that your railroad's employer was negligent.
In the first phase of the lawsuit your lawyer will generally submit a complaint in federal court. The complaint will describe your injuries as well as the allegations against your employer. After the complaint is filed, the investigation can begin.
This can be a crucial part of your FELA claim, since it is usually at this stage that the parties will come to an agreement on how to resolve all or a few issues in the case through alternative dispute resolution, such as mediation or a settlement that is negotiated. If the parties are not able to reach an agreement or not resolve the matter by motion, the case will be filed.
At trial, attorneys for both sides will present evidence and interview witnesses before a jury or judge renders a decision. During this process, the right legal representatives can present a strong argument for you to maximize your benefits and ensure that you receive the compensation you need to recuperate from your injuries. This may include damages for past and future lost wages, medical expenses, future pain and suffering and more.