How Federal Employer Liability Act (FELA) Lawsuits Are Handled
When it concerns FELA injury claims, the process largely mimics personal injury lawsuits. Both your employer and legal representative will thoroughly investigate the incident before negotiating a settlement.
This is why hiring a professional FELA attorney is essential. A successful claim can result in compensation for medical costs, lost wages and non-economic damages like pain and suffering.
Statute of Limitations
The Federal Employers Liability Act (FELA) provides railroad workers with protections that are greater over those offered by state workers' compensation laws. While workers' compensation claims are filed and dealt with in the state where an injury occurs, FELA claims can be filed in any court across the country. But, just like any legal claim it is essential to have a thorough understanding of the law and how it applies to your situation.
The statute of limitations is among the most crucial aspects of a FELA lawsuit. A statute of limitations is a time frame within which a lawsuit needs to be brought or it will be barred. In the majority of states, people are granted between two and three years in which to file a civil suit for personal injuries caused by the negligence of a party. However, the FELA statute of limitations is significantly shorter. In the majority of cases, an individual must file a FELA claim or lawsuit within three years from the date they knew or ought to have known that their injury was linked to their job at the railroad.
The three-year time frame is crucial because if a person who has been injured or the family members of the deceased worker misses the deadline, they'll lose the right to pursue damages. The legal system enforces these timelines strictly and no exceptions are made. It is essential that a railroad worker injured or the family member of a deceased railroad worker, seeks an experienced lawyer immediately following their accident.
In the vast majority of FELA lawsuits the injured worker is entitled to damages for his or her medical expenses, lost wages and suffering and pain. These damages are awarded for severe injuries, such as broken bones and torn muscles, and occupational diseases like mesothelioma and other cancers. A FELA claim may also include compensation for ancillary costs related to the injury, such as transportation to and from work.
The key to a successful FELA case is thorough documentation of the injuries sustained as a result of the injury. This documentation must include medical reports describing the severity of the person's injury as well as its connection to the workplace incident. It is also crucial to gather as much information regarding the incident at work, including witnesses who can testify to the truth.
Finally, in the case of a death, compensation will be paid to the surviving spouse and children of the deceased. In the majority of cases, a maximum of 300,000 dollars in wrongful death benefits will be paid to the surviving spouse and child. This amount can be greatly raised in the event that an heir can prove that the death resulted from an infraction of the federal safety law or regulation.
Statute of Repose
The Federal Employers Liability Act (FELA) allows families of railroad workers who are injured or die while on the job to be compensated. As Supreme Court Justice William Douglas explained, FELA "puts on the industry a portion of the cost of the eyes, legs, arms, and lives that it uses in the pursuit of its business."
In the event of an accident, illness or death, it is crucial to have an incident report and official documentation. FELA requires the railroad to ensure a safe and secure workplace for its employees and be accountable to them.
If you don't file a lawsuit within three years after the incident, it could be exempted from the statute of limitations. It's crucial to contact an attorney who understands FELA law and who can submit your claim quickly.
Contrary to claims for worker's compensation, FELA lawsuits can be filed in both state and federal court. However, it's usually easier to make a claim in federal court if the attorney representing the plaintiff has experience in that jurisdiction.
The time limit for FELA claims differs from the workers' compensation statute of limitations. In the majority of states, a lawsuit has to be filed within one or two years from the date of the injury. In FELA claims, the time frame is typically three years from the date when the injury was discovered or illness. The time frame may be extended in certain circumstances based on the date the injury or disease was first discovered or, if it is a work-related disease, the date that the disease was first recognized.
A personal representative must be appointed by the estate of the decedent to bring a wrongful death lawsuit under FELA. Anyone else who files a claim does not have standing and is subject to dismissal.
In the majority of FELA cases the plaintiff is required to show that the condition or injury was caused at least in part due to the negligence of their employer. The burden of proof varies considerably from what is required to prevail in a negligence case.
Even though a lawsuit may be filed in a state or federal court system, the majority of FELA cases are settled through mediation prior to trial. A FELA lawyer with experience can help you get the best possible outcome for your case, by representing you at these pre-trial conference and mediations. An attorney who has handled FELA cases can ensure that the arbitrator or judge knows what is at stake for you and your family.
Pre-trial Conferences
The procedure of filing a lawsuit may be daunting for railroad workers who are injured on the job. Although every case is unique but there are a few general steps that most civil lawsuits follow. Bohrer Brady LLC's FELA lawyers can help protect your rights throughout the entire litigation process.
If you're injured at work the first thing you should do is seek medical attention and inform your employer. Then, you should contact a FELA lawyer or union representative. This will begin the legal process of proving that your railroad employer's negligence caused the injury.
During fela settlements of the case the lawyer will usually file a complaint at federal court. The complaint will contain details about your injury as well as allegations against your employer. Once the complaint is filed, the investigation can begin.
This can be a crucial part of your FELA claim, as it is often at this point that parties will come to an agreement on how to resolve all or a portion of the issues in the case by alternative dispute resolution such as mediation or a negotiated settlement. If the parties are not able to come to an agreement or not resolve the issue through motion, the case will proceed.
In a trial, lawyers for both sides will present evidence and question witnesses before a judge or jury makes a decision. During this process the best legal counsel will be able to argue your case for you to maximize your benefits and ensure you get the compensation you need to recuperate from your injuries. This may include damages for lost wages, medical expenses as well as future pain and suffering, and much more.