How Federal Employer Liability Act (FELA) Lawsuits Are Handled
When it concerns FELA injury claims, the process generally mimics personal injury lawsuits. Your legal representative and your employer will investigate the incident thoroughly before negotiating settlement options.
This is why hiring a professional FELA attorney is crucial. A successful claim may lead to the payment of medical expenses as well as non-economic damages such as suffering and pain.
Statute of Limitations
The Federal Employers' Liability Act (FELA), which was enacted in 1986, provides railroad workers with greater protections than state workers' compensation laws. While workers' compensation claims are filed and processed in the state in which an injury occurs, FELA claims can be brought to any court in the United States. However, as with any legal claim it is essential to have a clear understanding of the law and how it applies to your case.
One of the most crucial aspects of a FELA case involves the statute of limitations. A statute of limitations is a period within which a lawsuit has to be filed, or else it will be deemed to be inadmissible. In the majority of states, a person is granted between two and three years in which to bring a civil lawsuit for personal injuries that were caused by the negligence of another party. The FELA statute is much shorter. In the majority of instances, an individual has to file a FELA lawsuit or claim within three years of the date they realized or should have realized that their injury was related to their railroad work.
This three-year period is crucial, because if a worker injured or the family member of someone who has died does not meet the deadline then they forfeit the right to pursue a lawsuit. The legal system enforces these timelines strictly and exceptions are seldom made. It is essential that a railroad worker injured or the family member of the deceased railroad worker seeks an experienced lawyer as soon as they can following their accident.
In the vast majority FELA lawsuits, an injured worker can claim damages including medical expenses, lost wages and pain and suffering. These damages can be granted for both trauma-related injuries, like broken bones and torn muscles as well as occupational diseases such as mesothelioma, among others. A FELA claim could also include compensation for the ancillary costs relating to the injury, for example transportation to and from work.
fela attorneys to the success of a FELA case is the thorough documentation of the damages incurred due to the injury. This evidence should include medical records describing the severity of an injured person's condition and its connection to the incident at work. Additionally, it is important to collect as much information regarding the incident at work and the circumstances surrounding it as possible, including witnesses who can confirm the facts of the incident.
In the event of death, compensation is awarded to the survivor spouse or children of the deceased. In most cases, the surviving spouse and children will receive the maximum amount of $300,000 in wrongful death benefits. This amount may be raised in the event that heirs can prove that the wrongful death was the result of an infraction of a federal safety law or regulation.
Statute of Repose
The Federal Employers Liability act (FELA) permits the families of railroad employees who are injured or die in the course of work to be compensated. According to Supreme Court Justice William Douglas, FELA "imposes on the industry a share of the costs of eyes, legs hands, and lives that it takes while working."
When an injury, disease or death occurs the incident report, bills, official documents, and other evidence are important to establish that the railroad was responsible for the injuries. FELA requires that railroads ensure a safe and secure workplace for its employees and to be accountable to them.
If you don't file a lawsuit within three years after the incident the claim could be out of bounds by the statute of limitations. It's important to contact an attorney who understands FELA laws and will be able to file your claim swiftly.
Unlike worker's comp claims, FELA lawsuits can be filed both in state and federal court. However, it's usually easier to file a lawsuit in federal court if the plaintiff's attorney is familiar with the jurisdiction in which they are.
The time limit for FELA cases is different from that of workers compensation claims. In most states, the lawsuit must be filed within one or two years after the date of injury. In FELA claims, the time frame is usually three years following the date of the discovery of the injury or illness. In certain circumstances the timeline could be extended based on the date of discovery or in the case an illness the date it was first recognized as being related to employment.
To file a wrongful-death lawsuit under FELA, a personal representative must be appointed by the estate of the deceased. Anyone else who files an action may be dismissed if they don't have standing.
In most FELA claims, the plaintiff is only required to prove that the illness or injury was at least partly caused by the negligence of the employer. The burden of proof for FELA cases is much less than that required to succeed in a regular negligence claim.
Even though a lawsuit can be filed in a state or federal court, the majority of FELA lawsuits are submitted to mediation and are resolved before going to trial. A knowledgeable FELA attorney can help you achieve the best outcome for your case by providing the best representation possible in these pre-trial conferences and mediations. An attorney who has been through FELA trials can make sure that the arbitrator or judge knows what is at stake for you or your family.
Pre-trial Conferences
The procedure of filing a lawsuit may be daunting for railroad workers who are injured on the job. While every case is unique however, there are some general guidelines that most civil lawsuits follow. Bohrer Brady LLC's FELA lawyers can help you protect 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. Then, you need to contact an FELA lawyer or union representative. This will start the legal process of establishing that your railroad employer's negligence caused the injury.
In the beginning of the case your lawyer will generally submit a complaint to federal court. The complaint will detail your injury and the allegations against your employer. After the complaint has been filed, the investigation will begin.
This is a crucial phase for the success of your FELA claim since it is at this point when the parties typically agree to settle some or all of the issues through alternative dispute resolution such as mediation or an agreement negotiated. If the parties cannot reach an agreement or the matter is not disposed by motion, the lawsuit will go to trial.
Both sides will have attorneys present evidence and question witnesses before a judge or jury renders the verdict. During this process the best legal counsel will be able to argue your case for you to maximize your benefits and ensure you receive the compensation you need to recuperate from your injuries. This may include damages for future and past lost wages, medical expenses and future pain and suffering and more.