How Federal Employer Liability Act (FELA) Lawsuits Are Handled
When it concerns FELA injury claims, the process generally mirrors personal injury lawsuits. Your legal representative and your employer will investigate the incident thoroughly before negotiating settlement options.
This is the reason that hiring an FELA attorney who is experienced is vital. A successful claim may lead to compensation for medical costs as well as lost wages and other non-economic damages such as pain and suffering.
Statute of Limitations
The Federal Employers Liability Act (FELA), that was passed in the year 1986, provides railroad workers with greater protections than state laws governing workers' compensation. While claims for workers' compensation are filed and processed in the state in which an injury occurs, FELA claims can be brought to any court in the United States. As with any legal claim it is important to understand the law and how it applies 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 A statute of limitation is a deadline within which a lawsuit can be filed or withdrawn. In fela lawsuits of states, it takes two to three years to file a civil suit for personal injuries caused by the negligence of a third party. However, the FELA statute of limitations is much shorter. In most cases, a person has to file a FELA lawsuit or claim within three years of the date that they knew or should've been aware that their injury was related to their railroad work.
This three year window is vital because if a person who has been injured or the family members of a deceased worker fails to meet this deadline, they'll lose their right to sue for damages. The legal system enforces these timelines strictly and exceptions are seldom made. It is essential that a railroad worker injured, or the loved one of a railroad worker who has passed away, seek out an experienced attorney as soon as they can following the accident.
In the vast majority of FELA lawsuits, a worker who has been injured is entitled to recover damages which include medical expenses as well as lost wages, suffering and pain. These damages can be awarded for both trauma-related injuries, like broken bones and torn muscles as well as occupational diseases like mesothelioma and other cancers. A FELA claim could also contain the reimbursement of ancillary expenses related to the injury such as transportation to and from work.
Documentation of damage and injuries is vital for a successful FELA claim. 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 about the workplace incident and witnesses who are able to provide evidence of the truth.
In the event of death, compensation is awarded to the surviving spouse or children of the deceased. In most instances, the surviving spouse and children are entitled to the maximum amount of $300,000 in wrongful-death benefits. This amount is able to be increased if the heir can prove the death was caused by a violation of a federal safety rule or law.
Statute of Repose
The Federal Employers Liability Act (FELA) allows families of railroad workers 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 portion of the costs of eyes, legs hands, and even lives that it consumes while working."
If an injury, illness or death occurs, an incident report, bills, official documents, and other evidence is required to establish that the railroad was the one responsible for the injuries. FELA requires railroads to ensure a safe and secure workplace for its employees and to be accountable to them.
The statute of limitations can be a hindrance to any lawsuit if not filed within three years of the accident. It's crucial to contact a lawyer who understands FELA law and who can submit your claim quickly.
Contrary to claims for worker's compensation, FELA lawsuits can be filed both in state and federal court. It is simpler to file a suit in federal court if the plaintiff's lawyer has experience in this area.
The time limit for FELA cases is different from the statute of limitations for workers compensation claims. In most states, a lawsuit must be filed within one or two years after the date of injury. However in FELA claims the timeframe is typically three years from the time the injury or disease was discovered. In certain circumstances the time frame may be extended depending on the date of discovery or in the case of an illness, the date when it was first recognized in connection with employment.
A personal representative must be appointed by the decedent's estate to file a wrongful death lawsuit under FELA. Anyone else who files a claim is not in standing and is subject to dismissal.
In most FELA lawsuits the plaintiff is required to prove that the injury or disease was at least partially due to the negligence of the employer. This burden of proof differs substantially from the requirements to win a negligence lawsuit.
Even though a lawsuit can be filed in a state or federal court, the majority of FELA lawsuits are submitted to mediation and get settled before they go to trial. A FELA lawyer who has experience can help you get the best possible outcome for your case, by representing you in these pre-trial conferences and mediations. A lawyer who has experience in FELA cases can ensure that the arbitrator or judge knows what is at stake for you and your family.
Pre-trial Conferences
The process of filing a suit can be intimidating to railroad workers who have been injured on the job. Although every case is unique, most civil lawsuits follow the exact same steps. Bohrer Brady LLC's FELA lawyers can help you protect your rights throughout the entire litigation process.
If you've been injured while working, the first step is to get medical treatment and inform your employer. Then, you must seek out an FELA lawyer or union representative. This will start the legal process of proving that your railroad employer's negligence caused the injury.
In the beginning of the case the lawyer will usually file a complaint at federal court. The complaint will include details about your injury and allegations against your employer. After this is completed, the investigation will begin.
This phase can be a crucial part of your FELA claim, as it is usually at this point that the parties will agree to resolve all or a portion of the issues in the case through alternative dispute resolution like mediation or a negotiated settlement. If the parties are unable to reach a consensus, or if they do not resolve the matter by motion, the lawsuit will be filed.
Both sides will have lawyers present evidence and interview witnesses before a jury or judge renders a verdict. During this period the best legal counsel can argue a strong argument for you to maximize your benefits and make sure you are awarded the money you need to recuperate from your injuries. This could include damages for future and past lost wages, medical expenses and future pain and suffering, and much more.