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FELA Attorneys Near Me A highly skilled FELA lawyer can help you bring claims against a railroad company to recover workrelated injuries A FELA lawsuit is however not the same as a workers compensation or personal injury claim Railroad companies will fight to deny these claims and reduce the amount you receive in compensation It is important to consult an experienced lawyer as soon as you can after an accident Federal Employers Liability Act You should be aware that as a railroad employee you have rights under the Federal Employers Liability Act FELA This is due to the fact that FELA is a distinct set of federal laws made specifically for railroad workers It is different from the regular workers compensation laws that apply to state workers in other sectors and is focused on the negligence of railroad employers This means that you need to prove your employers negligence in order to win the FELA case This can be accomplished by working with a lawyer who specializes in FELA cases and has experience in this type of case There is always the chance of getting injured at work whether you are a heavy laborer in a train yard or an employee who assists passengers and freight transfer from trains to train cars and reverse or an office worker that handles paperwork for the railroad These injuries can be serious and result in medical bills lost wages because of being unable to work and pain and suffering In some instances injuries they can be fatal Fortunately the law protects railroad employees and their families when this happens The FELA that was enacted in 1908 permits railroad workers to sue employers in the event that they suffer injuries at work This is in addition to the states 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 Railroad employees who have been injured are able to file a lawsuit in order to claim compensation for medical expenses lost earnings and other damages such as discomfort and pain as well as aggravation existing conditions Contrary to claims for workers compensation FELA claims are decided by juries This is an advantage because it allows for a higher level of compensation Cooper Hurley Injury Lawyers is wellversed in FELA laws and can assist you in obtaining the amount of compensation you are entitled to Railroad workers injured in an accident have up to three years to file a lawsuit under FELA It is best to hire an FELA attorney right away to begin collecting evidence Evidence may disappear over time Statute of Limitations A statute of limitations imposes a maximum amount of time within which legal proceedings may be initiated for a particular event It also limits the ability of prosecutors to pursue criminal charges for a crime after the statute has expired It is a fundamental legal principle and it assists in ensuring justice is served with fairness Statutes of limitations apply in both civil and criminal law although they vary substantially by jurisdiction Generally civil lawsuits are limited to a period of two to three years of limitation Criminal cases can have varying time frames based on the type of crime or nature For instance homicides have no statute of limitations in any way whereas other felonies can be pursued at any time There are a variety of other laws in addition to the statute of limitations which restrict the length of time an legal proceeding can last for certain types of cases For instance actions for claims of slander or for penalties or forfeitures are typically limited to brief periods of time fela accident attorney to bring a case involving the administration of an estate is also restricted Talk to an experienced FELA lawyer to determine if theres still time to make a claim under the FELA They can assess your situation gather evidence and negotiate on behalf of you with the railroad company They will defend your rights and ensure that you submit an appropriate claim within the timeframe It is likely that your case would be dismissed when you wait until the deadline for filing a case has passed A experienced FELA lawyer will ensure that the statute of limitations has not violated and that your case is filed in time for the court to review it While it is crucial to find an FELA attorney but it is equally important to choose one you can are confident in There are both DLC and nonDLC firms that specialize in FELA claims however it is crucial to select a firm you feel at ease with It is essential to speak with an attorney prior to making a statement regardless of whether you work for an DLC firm or a nonDLC firm Comparative Negligence The legal principle of comparative negligence decides the amount of an injured partys damages they are able to recover in a negligentbased claim Essentially a plaintiffs recovery is reduced by the percentage of their own fault that contributed to the incident However comparative fault is not a complete defense to negligencebased claims State laws on the concept of comparative negligence differ but they all recognize some type of New York for example uses pure comparative fault This means that a persons fault will be compared to the negligence of the defendant If one persons negligence exceeds the other they cant claim damages from the defendant If both parties are equally responsible for the incident then each party can claim their share of the costs This kind of law is often used to determine the cause of auto accidents where there are multiple drivers involved For example when two drivers violate traffic laws and cause an accident the insurance company will assign each driver a certain proportion of the blame for the crash based on their contribution to the cause If a FELAclaimant can prove the employers inability to comply with safety standards lead to their injuries then they could be eligible for the financial compensation they deserve This includes future and past medical expenses as well as lost income discomfort and pain and more The amount of negligence that has to be proven is lower than in ordinary negligence cases therefore it is essential to have a FELA attorney to your side Since the laws on comparative negligence differ from state to state 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 them now for a nocost consultation You have three years to start a lawsuit or settle your claim from the date of your injury therefore its important to act sooner rather than later To set up a consultation call or fill out our contact form online You deserve fair representation We are looking forward to hearing from you Damages Do not let a representative from the company handle your claim if you were injured while working They wont have your best interests in mind since their role is to save money for the company by settlement your case for the least amount they can A FELA attorney who specializes in railroad lawsuits and injuries will be aware of the value of your case and will ensure that you receive the maximum amount of compensation from the company In a FELA suit railroad workers who have been injured are entitled to financial compensation This includes medical expenses resulting from the injury lost income future earning potential emotional distress and suffering This system differs from traditional workers compensation laws It is a faultbased system that requires proof of negligence on the employers part to be able to claim damages A knowledgeable St Louis FELA lawyer can help establish the source of your negligence Inattention on the part of the railroad may be caused by unsafe working conditions lack of proper training a failure to comply with safety regulations and improper maintenance of equipment Even when an employee is partly responsible for an accident FELA allows them to claim damages However the amount that are able to be recovered is determined on the amount of fault the employer is found to be guilty of Additionally to that a FELA lawyer will safeguard your rights and make sure that you dont provide an answer to the railroads claims department right away This is important because the information you give can impact your FELA claim as well as your job status It is recommended to consult an experienced FELA lawyer regardless of whether its DLC or not before giving any information to the department of claims A knowledgeable FELA lawyer can explain the implications of submitting statements and how they may impact your legal rights