How a FELA Lawyer Can Help Railroad Workers
A FELA lawyer will file a formal claim that describes the railroad's negligence, your injuries and the amount of compensation you're seeking. The lawyer will then bargain with the railroad's insurer.
If you fail to agree to a settlement the case will be tried. A FELA lawyer experienced in the field can effectively argue your case.
FELA is a
federal employers liability law
FELA protects railroad workers when they are injured on the job. This includes those who work in other areas of the railroad, like track yards or machine shops. FELA covers any injury that is considered to be caused by the railroad's negligence. For example injuries resulting from exposure to toxic chemicals. No matter how an injury was sustained, a skilled FELA lawyer can assist injured railroad workers receive the justice they deserve.
To obtain damages under the FELA the plaintiff must show that the railroad failed in its duty to provide a safe working environment. This means that the railroad didn't have adequate safety precautions in place, or that its employees were not properly trained to ensure the security of their workplace. Additionally the claim must prove that the negligence of the railroad directly contributed to the worker's injury. A FELA attorney with years of experience can assist injured railroad workers establish liability through thorough investigations, speaking with witnesses and gathering evidence.
A FELA attorney may also represent a worker's rights in court trials. While a majority of
FELA claims are settled outside of the courtroom, a lawsuit could be necessary to get the maximum compensation. A lawyer will discuss with the railroad company, their insurers and other parties to negotiate an acceptable settlement. If a settlement is not reached, the attorney will prepare for a trial by organizing exhibits.
Contact a FELA lawyer as soon as you can after an accident. Typically, claims involving injuries or occupational diseases are subject to a three-year period of limitations, however, the clock starts to tick as soon as you receive medical diagnosis or suffer from a disability. Early involvement of an attorney can prevent delays and allow a thorough investigation of the evidence.
Unlike standard personal injury lawyers, FELA attorneys have in-depth knowledge of railroad law and operations. They will examine the case thoroughly and examine all records including equipment maintenance logs, safety records and other documents. They will also seek out experts to support their case. They will be able to present the case in
federal employers liability court if necessary.
It's a risky business
Working in the railway industry is hazardous and FELA was enacted to offer protection and compensation to those who sustain injuries on the job. If you've suffered a railroad injury it is essential to choose a FELA lawyer with expertise in railroad law. They should also be familiar with your particular case. A good FELA attorney will be straightforward about the strengths and weaknesses of your case. He or she should also be in a position to provide an estimate of the amount you could receive as a result of a settlement or verdict.
When selecting the right FELA attorney, it is important to also consider your emotional and financial requirements. Selecting an attorney that has flexible fee schedules and is willing to meet with you personally can help you make the right decision for your case. It is also important to determine whether they have a history of testimonials from clients and peer endorsements.
It's time-sensitive
A qualified FELA attorney can help you pursue fair compensation for your medical expenses, lost wages and pain and suffering. They will tirelessly ensure your rights are protected and maximize your compensation. Select an attorney who is well-versed in railroad law and has experience representing injured workers. They must be easy to work with and communicate clearly. Request references from previous clients and look for professional accolades and endorsements.
The decision to settle a claim or go to trial is a complicated process that involves many considerations. A skilled FELA lawyer will review the case objectively and talk about possible outcomes. They will also take into account your current financial situation and emotional state to determine the best option for you.
Your FELA attorney will ensure that the jury is aware of the negligence in the event that you decide to go to trial. They will carefully examine all relevant evidence and arguments and will argue your case in a convincing manner. Your lawyer will collect the damages awarded and pursue any appeals following a verdict is reached.