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How Federal Employer Liability Act FELA Lawsuits Are Handled When it concerns FELA injury claims the procedure largely is similar to personal injury lawsuits Both the employer and your legal representative will conduct thorough investigation into the incident prior to discussing the possibility of settling It is for this reason that hiring an FELA attorney with experience is crucial A successful claim may result in compensation for medical costs as well as lost wages and other noneconomic damages like pain and suffering Statute of Limitations The Federal Employers Liability Act FELA gives railroad workers with protections that are greater over those offered by state laws on workers compensation Workers compensation claims must be filed and handled by the state in which the injury occurred However FELA claims may be brought in any US court As with any legal claim it is essential to know the law and how it applies to your case The statute of limitations is among the most important aspects of an FELA lawsuit A statute of limitations is a time frame within which a lawsuit can be filed or dismissed In most states people are given two to three years to file a civil lawsuit for personal injuries caused by the negligence of another party The FELA statute is significantly shorter In the majority of instances an individual has to file a FELA lawsuit or claim within three years from the date they realized or shouldve known that their injury is caused by their railroad work This three year window is vital because if an injured worker or the family of the deceased worker misses this deadline they will lose the right to bring a lawsuit for damages The legal system enforces timeframes and rarely allows for exceptions It is crucial that an injured railroad worker or the loved one of a railroad worker who has passed away seek out an experienced attorney immediately after their accident In the majority of FELA lawsuits an injured worker can claim damages for his or her medical expenses lost wages and pain and suffering These damages are awarded for both severe injuries such as broken bones and torn muscles and occupational diseases like mesothelioma and other cancers A FELA claim could also contain compensation for the ancillary costs relating to the injury such as transportation to and from work The most important aspect of the success of a FELA case is thorough documentation of the injuries sustained as a result of the injury This evidence should include medical records detailing the severity of the injured persons injuries and their connection to the incident at work It is also important to gather as much data about the incident at work as possible as possible including witnesses who could testify to the truth In the case of death compensation is awarded to the surviving spouse or children of the deceased In the majority of instances the spouse who survived and children will be entitled to up to 300000 in wrongful death benefits This amount is able to be increased if the inheritor can prove that the death was due to 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 while on the job to be compensated As Supreme Court Justice William Douglas explained FELA puts on the industry some of the cost of eyes legs arms and lives which it consumes in the pursuit of its business In the event of accident illness or death it is crucial to file an incident report and official documents FELA also requires that the railroad provide its employees with a safe and secure place to work in and also requires it to answer to its employees The statute of limitations can be a hindrance to a lawsuit if it is not filed within three years of the incident Its important to contact an attorney who is familiar with FELA laws and can file your claim quickly In contrast to workers compensation claims FELA lawsuits can be filed in both federal and state court Its generally easier to make a claim in federal court if the plaintiffs attorney has experience in that jurisdiction The time limit for FELA cases is different from the statute of limitations for workers compensation claims In the majority of states the lawsuit is required to be filed one or two years after the date of injury However in FELA claims the timeframe is usually three years from when the injury or disease was discovered In some instances the time frame may be extended by the date of discovery or in the case a disease the date it was first diagnosed in connection with employment A personal representative must be appointed by the decedents estate to start a lawsuit for wrongful death under FELA Anyone who files an action could be dismissed if they dont have standing In most FELA cases the plaintiff only needs to show that the condition or injury was at least partially caused due to the negligence of their employer The burden of proof is significantly lighter than whats required to win a regular negligence claim Although a lawsuit can be filed in federal or state court the majority of FELA lawsuits are submitted to mediation and are settled before they go to trial A FELA lawyer who has experience can help you achieve the best possible outcome for your case by representing you in these pretrial conference and mediations An attorney who has handled FELA cases can guarantee that the judge or arbitrator knows what is at risk for you and your family Pretrial Conferences The process of filing a lawsuit may be daunting for railroad workers who have been injured in the course of work Although every case is unique many civil lawsuits follow the exact same procedures The experienced FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the entire process of a lawsuit If you are injured at work the first thing you should do is seek medical attention and inform your employer fela lawyers is to contact a FELA lawyer or union representative This will start the legal process of establishing the negligence of your railroads employer caused the injury In the initial phase of the case your lawyer will generally make a complaint in federal court The complaint will outline your injury and the allegations against your employer Once the complaint is filed the investigation will begin This phase is crucial to the success of your FELA claim as it is at this point when the parties typically agree to resolve some or all of the issues using alternative dispute resolution such as mediation or a negotiated agreement If the parties are unable to reach a consensus or not resolve the issue via motion the lawsuit will proceed Both sides will have attorneys present evidence and interview witnesses before a judge or jury renders a verdict During this time the best legal counsel can argue a compelling argument to maximize your benefits and ensure that you receive the compensation you need to recuperate from your injuries This could include damages for past and future medical expenses lost wages future pain and suffering and more