FELA Attorneys Near Me
A highly skilled FELA lawyer can help you bring an action against a railroad company for work-related injuries. 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 get in compensation. Therefore, it is crucial to consult with a qualified attorney as soon as possible after an accident.
Federal Employers' Liability Act
When you are an employee of a railroad, you need to be aware of the specific protections under the
Federal Employers Liability Act (FELA). This is due to the fact that FELA is a distinct set of federal laws created specifically for railroad workers. It differs from standard workers' compensation laws that apply to state workers in other industries, and it focuses on the negligence of railroad employers. This means that you have to prove that your employer's negligence in order to prevail in the FELA case. The best way to do this is by collaborating with a lawyer who is specialized in FELA claims and has experience with the types of cases.
If you are performing heavy work in trains, service personnel who help passengers and freight move between trains and the train cars themselves, or office workers who manage paperwork for the railroad there is always the chance that you could be injured on the job. These injuries can be serious and cause costs for medical bills, lost wages due to not being able to work, as well as discomfort and pain. In some cases the injury could be fatal. Fortunately, the law protects railroad employees and their families in the event of such an incident. In 1908, the FELA allows railroad workers to sue their employers if they are injured on the job. This is in addition to the state's workers' compensation laws. FELA, however, has its own rules and standards for proof.
To prevail in a FELA case, the plaintiff must prove that their railroad company was negligent. In some instances, the injuries were caused by faulty equipment or violations of the Locomotive Inspection Act or the Safety Appliance Act. Railroad employees who are injured are able to file a lawsuit in order to claim compensation for medical expenses, lost earnings and other damages, such as discomfort and pain as well as aggravation existing conditions.
Contrary to claims for workers' compensation, FELA claims are decided by juries. This is advantageous because it offers a higher amount of compensation. The lawyers at Cooper Hurley Injury Lawyers are knowledgeable about FELA law and can help you get the compensation you are entitled to. Railroad workers who have been injured can get up to three years to make a claim under FELA. It is recommended to hire a FELA attorney right away so that they can begin collecting evidence. Evidence can vanish over time.
Statute of limitations
A statute of limitation sets the time frame within which legal proceedings can be initiated in connection with a particular event. The statute of limitations also limits the possibility for authorities to indict a criminal for a crime after the time limit has expired. It is a fundamental legal principle that helps ensure justice is served.
Both civil and criminal law have statutes of limitations, but they vary greatly according to the jurisdiction. Generally, civil lawsuits are limited to a period of two to three years of limitation. Criminal cases however are subject to different time frames dependent on the nature of the crime and nature. For instance, homicides have no time limit at all, while other felonies may be pursued at any time.
In addition to statutes of limitations, there are a variety of other laws that restrict the period of time for which legal proceedings may be started over specific kinds of cases. For instance actions to seek forfeitures or penalties as well as to sue for slander are typically governed by short time limits. The time frame to bring a case involving the administration of an estate is also restricted.
Consult an experienced FELA lawyer to determine if there's 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 diligently defend your rights and ensure that the required deadline is met to file an claim.
It is likely that your case would be dismissed when you wait until the statute of limitations has expired. A FELA lawyer who is experienced will ensure that the statute of limitations is not violated and that your case will be filed on time to be considered by the court.
It is important to hire an FELA lawyer however it is important to select one that you can trust. There are both DLC and non-DLC firms that specialize in FELA claims However, it is essential to choose the firm that you feel comfortable with. Regardless of whether you work for an DLC or non-DLC firm it is essential to speak with an attorney prior to submitting the statement to the railroad claims agent.
Comparative Negligence
The principle of comparative fault determines the amount that an injured party can be awarded in the event of negligence claims. The percentage of negligence a plaintiff caused to cause an accident is the factor that reduces their compensation. However it is not an all-encompassing defense against negligence-based claims.
Comparative negligence laws vary between states, but most of them recognize some type of. For example, New York uses pure comparative negligence, which means that the fault of a person is compared to the defendant's negligence. If one person's negligence is higher 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 share of the costs.
This type of law is typically used to assign blame in auto accidents that involve multiple drivers. If two drivers are found to be in violation of traffic laws and cause an accident then the insurance company will assign each driver a portion of blame for the crash depending on the circumstances they contributed.
If a FELA claimant can prove that their employer's failure to meet safety standards caused the injury the claimant is entitled to monetary compensation for their losses. This can include past and future medical expenses, lost income, discomfort and pain, and more. However, the amount of responsibility that has to be proved is lower than in normal negligence cases, and it is important to hire an experienced FELA attorney 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. Hoffman has more than 30 years of experience handling FELA claims and personal injury lawsuits in New York. Contact them today for an initial consultation for free. You have three years to start a lawsuit or settle your case from the date of your injury, so it's important to act sooner rather than later. To schedule a consultation with us, call or submit our online contact form. You deserve fair representation. We look forward to getting in touch with you!
Damages
Do not allow a representative of the company handle your claim if you were injured while working. They are not looking out for your best interests, as they are in the business of saving money by settling the case for the lowest amount. A FELA lawyer who is skilled in railroad-related litigation and injuries will know the value of your case and will seek the highest compensation from the company.
