How Federal Employer Liability Act (FELA) Lawsuits Are Handled
The process for FELA injury claims is similar to personal injury lawsuits. Your legal representative and your employer will thoroughly investigate the incident before negotiating a settlement.
This is why hiring an experienced FELA attorney is crucial. A successful claim may result in compensation for medical costs as well as non-economic damages, such as suffering and pain.
Statute of limitations
The Federal Employers Liability Act (FELA) gives railroad workers with greater protections that are not provided by state workers' compensation laws. Workers compensation claims must be filed and handled by the state where the injury occurred, but FELA claims can be filed in any U.S. court. Like any legal claim, it is crucial to be aware of the law and how it relates to your particular case.
One of the most important aspects of an FELA case involves the statute of limitations. A statute of limitation is a time frame that a lawsuit must meet before it can be filed or dismissed. In the majority of states, an individual has two to three years to file an action in civil court for personal injuries that result from another party's negligence. The FELA statute is much shorter. In most cases, a person must submit a FELA claim or lawsuit within three years of the date they knew or should have realized that their injury was related to their job at the railroad.
The three-year timeframe is crucial as if a person injured or a family member of someone who has died fails to meet it then they forfeit their right to pursue a lawsuit. The legal system enforces the timelines and rarely makes exceptions. It is crucial that an injured railroad worker or the loved one of a deceased railroad worker, seeks out an experienced attorney as quickly as possible following their accident.
In the vast majority of FELA lawsuits the injured worker can claim damages for his or her medical expenses, lost wages and pain and suffering. These damages can be awarded for both severe injuries, such as broken muscles and bones, and occupational diseases like mesothelioma and other cancers. Additionally an FELA claim may also include compensation for any ancillary expenses related to the injury, for example, transportation costs to and from work.
Documentation of the damage and injuries is vital for an effective FELA claim. This evidence should include medical records describing the severity of the injured person's injuries and their connection to the workplace incident. It is also important to gather as many details regarding the incident at work and the circumstances surrounding it and witnesses who can confirm the details of the case.
In the event of a death, the compensation will be given to the spouse who survived and children of the deceased. In most instances, the surviving spouse and children will be entitled to up to $300,000 in benefits for wrongful death. This amount may be raised in the event that heirs can prove that the wrongful death was the result of the violation of an federal safety law or regulation.
Statute of Repose
The Federal Employers Liability Act (FELA) permits the families of railroad workers injured or die on the job to be compensated. As Supreme Court Justice William Douglas explained, FELA "puts on the industry some of the costs of the legs, eyes arms, lives, and legs which it consumes in the pursuit of its business."
If an accident, illness or death occurs, an incident report, bills and official documents, along with other evidence is required to show that the railroad company was the one responsible for the injuries. FELA also requires that the railroad provide its employees with a safe and secure place to work, and requires it to be accountable to its workers.
If the lawsuit is not filed within three years of the accident, it could be exempted from the statute of limitations. It's crucial to contact an attorney who is familiar with FELA law and who can file your claim promptly.
In contrast to worker's compensation claims, FELA lawsuits can be filed both in federal and state court. It's generally easier to bring a lawsuit in federal court if the attorney representing the plaintiff has experience in that jurisdiction.
The time limit for FELA claims differs from that of workers' compensation. In most states, a lawsuit must be filed one or two years after the date of injury. However, in FELA claims, the time period is typically three years from when the injury or illness was discovered. In some cases the timeline could be extended depending on the date of discovery or in the case of an illness the date it was first identified as being related to work.
A personal representative has to be appointed by the estate of the decedent to bring a wrongful death lawsuit under FELA. Anyone who files a lawsuit could be dismissed if they do not have standing.
In the majority of FELA cases the plaintiff is required to show that the illness or injury was caused at least in part through the negligence of their employer. The burden of proof for FELA cases is considerably less than the one required to win the normal negligence case.
Even though a lawsuit can be filed in federal or state court, the majority of FELA lawsuits are taken to mediation and are settled before they reach trial. A FELA lawyer with experience can help you get the best possible outcome for your case by representing you in these pre-trial conferences and mediations. An attorney who has tried FELA cases can make sure that the arbitrator or judge knows what is at stake for you and your family.
Pre-trial Conferences
The process of filing a lawsuit may be intimidating for railroad workers injured in the course of work. While every case is different many civil lawsuits follow the exact same steps. Bohrer Brady LLC's FELA lawyers can assist you in protecting your rights throughout the litigation process.
If you are injured at work, the first thing to do is seek medical attention and inform your employer. You should then speak with an FELA lawyer or union representative. This will start the legal process of proving the negligence of your railroad's employer caused the injury.
During the first phase of the case your lawyer will generally make a complaint in federal court. The complaint will contain details regarding your injuries and allegations against your employer. After the complaint is filed, the investigation will begin.
This is a crucial phase for your FELA claim as it is at this point when the parties typically agree to resolve some or all of the issues through alternative dispute resolution options like mediation or a negotiated agreement. If the parties are not able to reach an agreement, or if they do not resolve the issue through motion, the lawsuit will be filed.
At trial, attorneys for both sides will present evidence and question witnesses before a jury or judge renders a decision. In this instance, the right legal representative can argue a strong case for you in order to maximize your benefits and to make sure that you receive the compensation needed to recuperate from your injury. fela attorneys could include damages for future or past lost wages, future medical costs as well as future pain and suffering and much more.