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fela accident attorney Near Me A highly skilled FELA lawyer can help you bring an action against a railroad company for work-related injuries. A FELA lawsuit is, however, not the equivalent of a workers' compensation or personal injury claim. The railroad companies will fight these claims, and try to limit the amount of compensation you receive. It is important to consult a qualified lawyer immediately after an accident. Federal Employers' Liability Act When you are a railroad worker, you need to be aware of the specific protections under the Federal Employers' Liability Act (FELA). FELA is a set of federal laws that are specific to railroad workers. It differs from standard workers laws governing compensation that apply to state workers in other sectors, and is focused on the negligence of railroad employers. This means that you have to prove your employer's negligence to be able to win the FELA case. The best way to do this is to work with a lawyer that specializes in FELA claims and has experience with the types of cases. There is always the risk of getting injured while working regardless of whether you are an employee in a train yard or an employee who assists passengers and freight transfer from trains to trains and vice versa or an office worker who handles the paperwork for the railroad. These injuries can be serious and lead to medical bills, lost wages due to being unable to work, as well as pain and suffering. In some instances the injury could be fatal. Luckily, the law is there to safeguard railroad workers and their families in the event of such an incident. The law was passed in 1908 and FELA allows railroad employees to sue their employers if they are injured at work. This is in addition to the state's workers ' compensation laws. FELA, however, has its own rules and requirements for proof. To prevail in a FELA case the plaintiff must prove that their railroad company was negligent. In some instances, the injuries were caused by defective equipment or violations of the Locomotive Inspection Act or the Safety Appliance Act. Injured railroad employees can file a lawsuit to seek compensation for medical expenses, lost earnings, and other damages, such as discomfort and pain as well as aggravation existing conditions. Unlike workers' compensation claims, FELA claims are decided by a jury. This is a good thing since it allows for a greater amount of compensation. The lawyers at Cooper Hurley Injury Lawyers are well-versed in FELA law and can help you seek the compensation that you deserve. The FELA provides railroad workers who are injured up to three years to file a suit. It is recommended to hire an FELA attorney as soon as you can to begin collecting evidence. Evidence can vanish over time. Statute of Limitations A statute of limitations sets the time limit within which legal proceedings may be initiated in relation to a specific event. The statute of limitations also restricts the ability for authorities to bring criminal charges against a crime after the time has passed. It is a fundamental legal principle, and it helps ensure justice is done fairly. Statutes of limitations apply in both criminal and civil law, but they differ substantially by jurisdiction. Civil lawsuits have a two to three year limitation period. Criminal cases may have different time frames based on the crime or case type. Homicides, for example are not subject to any statute of limitations in any way. Other felonies however, can be prosecuted anytime. In addition to statutes of limitations in addition, there are a number of other laws that limit the period of time for which legal proceedings can be initiated over certain kinds of cases. For instance, actions for the slander of others and for claiming penalties or forfeitures are usually restricted to short periods of limitation. In the same way, actions that concern the administration of estates have an imposed time limit to be started. The best method to determine if there is enough time to make a FELA claim is to speak with an experienced FELA attorney. They will evaluate your situation, gather evidence and negotiate on behalf of you with the railroad company. They will do their best to protect your rights and ensure that the appropriate timeframe is set for filing a claim. If you wait until after the expiration date of the statute of limitations, it is very likely that your case will be dismissed. A FELA lawyer who is knowledgeable will ensure that the statute of limitations is not violated, and that your case can be filed in time to be taken into consideration by the court. It is crucial to find a FELA lawyer, but it is also important to select one that you can trust. Both DLC and non DLC firms specialize in FELA Claims, but it's essential to select a firm that you are comfortable with. Whatever your position, whether for a DLC or non-DLC firm, it is crucial to speak with an attorney before giving an answer to a railroad claims agent. Comparative Negligence The legal principle of comparative negligence decides the amount of the damages they are able to recover in a negligence-based claim. The amount of negligence a plaintiff contributed to an accident determines the amount they can recover. Comparative fault is not an absolute defense in negligence-based claims. Comparative negligence laws vary between states, but most of them recognize some kind of. New York, for example, uses pure comparative fault, which means the person's negligence will be compared with the negligence of the defendant. If one person's negligence is greater than the other, they are unable to claim damages from the defendant. If both parties are equally responsible for the accident, and each is liable for their proportionate share of damages. This type of law is typically used to assign fault in car accidents involving several drivers. For instance when two drivers violate traffic laws and cause an accident, the insurance company will assign each driver a particular proportion of the blame for the accident based upon the contributing factors. If a FELA claimant can prove that their employer's inability to comply with safety standards led to injuries the claimant is entitled to an amount of money to compensate for their losses. This includes past and future medical expenses, lost income, pain and discomfort and much more. The amount of negligence that has to be proven is lower than in ordinary negligence claims, so it is important to have a FELA attorney to your side. Since the laws governing comparative negligence vary between states, FELA claims are complex and require the assistance of an experienced attorney. Fortunately, the law firm of Mikel J. Hoffman has more than 30 years of experience in handling FELA claims and personal injury lawsuits in New York. Contact us today for a no-cost consultation. It is crucial to act quickly. You have three years from the date of injury to file a lawsuit or settle your case. Contact us or complete our online form to schedule a meeting with a reputable FELA attorney. You deserve fair representation. We look forward to getting in touch with you! Damages Do not let a company agent handle your claim if you were injured while working. They will not have your best interests in mind since their role is to save the company money by settlement your case for the smallest amount possible. A competent FELA attorney, who specializes in litigation and railroad injuries will know how much your case is worth and will negotiate with the company for the highest amount of compensation. In a FELA suit railroad workers who are injured are entitled to financial compensation. This includes future and past medical costs related to the injury, loss of income, future earnings potential as well as emotional distress and pain and suffering. This is a different system than traditional workers' compensation laws. It is a system based on fault, which requires that the employer demonstrate negligence to be able to claim damages. An experienced St. Louis FELA lawyer can assist in determining the cause of negligence in your case. Negligence by the railroad could result in unsafe working conditions, a lack of training or a failure to adhere to safety guidelines, or even improper maintenance. Even if an employee is partially responsible for an accident, FELA allows them to claim damages. However the amount that are able to be recovered is determined on the percentage of fault that the employer is found to be guilty of. A FELA attorney will also protect your rights, and make sure that you do not make a statement right away to the railroad claims department. This is crucial because the information you provide can affect your FELA claim and also your status as an employee. It is best to consult an experienced FELA lawyer, whether DLC or not, prior to giving any information to the department of claims. A knowledgeable FELA attorney will be able explain the consequences of submitting a statement and how it could affect your legal rights.