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FELA Attorneys Near Me A FELA lawyer with extensive experience can assist you to file a claim for workrelated injuries against a railroad A FELA lawsuit is however not an equivalent to a workers compensation or personal injury claim Railroad companies will fight these claims and try to limit the amount of compensation you receive It is crucial to speak with an experienced lawyer as soon as you can after an accident Federal Employers Liability Act You should be aware that as a railroad worker you have rights under the Federal Employers Liability Act FELA FELA is an array of federal laws that are exclusive to railroad workers It differs from standard workers compensation laws that are applicable to state workers in other sectors and is focused on the negligence of railroad employers You must demonstrate the negligence of your employer in order to prevail on a FELA claim The best way to accomplish this is to work with a lawyer who is specialized in FELA claims and has experience with these types of cases There is always the chance of getting injured at work whether you are working as a heavyduty laborer in a train yard or a service worker who helps freight and passengers move from trains to trains and reverse or an office worker who handles paperwork for railroads These injuries can be serious and can result in medical bills lost wages due to not being able to work and discomfort and pain In some instances injuries they could be fatal Luckily the law exists to protect railroad workers as well as their families in the event of such an incident The FELA which was enacted in 1908 allows railroad workers to sue employers in the event that they suffer injuries at work This is in addition to the states laws on workers compensation However FELA has its own distinct rules and standards for evidence A FELA lawsuit requires that the plaintiff prove their railroad companys negligence caused their injuries In certain instances injuries are caused by defective machinery or violations of the Locomotive Inspection Act and the Safety Appliance Act Injured railroad employees may file a lawsuit to seek compensation for medical expenses lost earnings and other damages such as pain and discomfort and aggravation preexisting conditions Unlike workers compensation a jury decides FELA claims This is advantageous because it allows for a higher level of compensation The attorneys at Cooper Hurley Injury Lawyers are wellversed in FELA law and can help you get the compensation you are entitled to The FELA allows railroad workers injured up to three years to file a lawsuit It is best to engage an FELA attorney as soon as you can so that they can begin collecting evidence Evidence can vanish over time Statute of limitations A statute of limitations sets the maximum time within which legal proceedings can be initiated over a certain event The statute of limitations also limits the power of prosecutors to bring criminal charges against a crime after the time has passed It is a key legal principle and helps ensure justice is done in a fair manner Statutes of limitation apply in both civil and criminal law but they differ significantly by jurisdiction In general civil lawsuits are limited to two to three years of limitation Criminal cases on the other hand can have different timelines based on the type of crime and kind For instance homicides have no statute of limitations in any way whereas other felonies are able to be prosecuted at any point In addition to statutes of limitations and statutes of limitations there are a myriad of other laws that restrict the period of time for the period of time legal proceedings can be brought over specific types of cases For instance actions to claim penalties or forfeitures and to bring a lawsuit for slander are usually governed by short time limits The time period for bringing a case involving the administration of an estate is also limited Consult an experienced FELA lawyer to determine if there is still time to make a claim under the FELA They will evaluate your case gather evidence and negotiate on behalf of you with the railroad company They will defend your rights and make sure that you make your claim within the appropriate timeframe If you do not file your case before the statute of limitations has expired it is highly likely that your case will be dismissed fela railroad settlements who is experienced will ensure that the statute of limitations is not violated and that your case will be filed on time to be examined by the court While it is important to hire an FELA attorney but it is equally important to pick one you can trust Both DLC and non DLC firms specialize in FELA Claims but its important to choose a firm that you trust Whatever your position whether for a DLC or a nonDLC company it is essential to speak with an attorney before giving an answer to a railroad claims agent Comparative Negligence The principle of comparative fault determines the amount of damages that an injured party can recover under negligence claims The percentage of negligence a plaintiff caused to cause an accident is what reduces the amount they can recover Comparative fault is not a complete defense against negligencebased claims State laws regarding comparative negligence differ however they all recognize a certain type of For example New York uses pure comparative negligence which means that a persons fault is compared to the defendants negligence If one persons negligence is higher than the others they wont get compensation from the defendant If both parties are equally responsible for the incident and each is liable for their share of the costs This type of law is typically used to assign blame in auto accidents that involve multiple drivers If two drivers are found to be in violation of traffic laws and cause an accident then the insurance company will assign to each driver a share of blame for the crash depending on the circumstances they contributed If a FELAclaimant can prove the employers inability to adhere to safety standards led to their injury then they could be eligible for the financial compensation they deserve This could include past and future medical expenses loss of income as well as pain and suffering and many more However the degree of responsibility that has to be shown is less than in typical negligence cases and it is essential to have an experienced FELA attorney representing your behalf Due to the fact that the laws governing comparative negligence differ from statetostate FELA claims can be complex and require a skilled attorney Mikel J Hoffman one of the law firms in New York with over 30 years of experience dealing with FELA lawsuits and personal injury claims is a good option Contact them today for a free consultation It is crucial to act quickly You have three years from the date of injury to file a suit or settle your case To set up a consultation call or complete our contact form online You deserve fair representation We are looking forward to hearing from you Damages If you were hurt on the job do not trust a company claim agent to handle your case They dont have your best interests at heart because their goal is to save the company money by settlement your case for the smallest amount possible A FELA attorney who is specialized in railroad lawsuits and injuries will be aware of the importance of your case and will negotiate for maximum compensation with the company In a FELA lawsuit railroad workers who are injured can receive monetary compensation for a variety of losses including past and future medical expenses related to the injury loss of income as well as future earning capacity emotional distress and pain and suffering This system differs from traditional laws governing workers compensation It is a faultbased system that requires proof of negligence on employers part to be able to claim damages A St Louis FELA attorney can assist you in determining the root of the negligence Railroad negligence could result in unsafe working conditions a lack of training a failure to follow safety rules and a lack of 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 proportion of fault the employer is found to be guilty of A FELA attorney will also defend your rights and ensure that you do not make a statement right away to the railroad claims department This is extremely important since the information you give can impact both your FELA claim and your employment status Before you make any statements to the claims office it is recommended to always consult with an experienced FELA attorney whether DLCcertified or not A reputable FELA lawyer can explain the consequences of giving an answer and how it could affect your legal rights