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FELA Attorneys Near Me A FELA lawyer with a wealth of experience can help you to submit a claim for workrelated injuries against a railroad A FELA lawsuit however is not the equivalent of a workers compensation or personal injury claim Railroad companies will fight to block these claims and reduce the amount you can receive in compensation It is essential to consult an experienced lawyer as soon as you can after an accident Federal Employers Liability Act If youre an employee of a railroad you must be aware that you are entitled to special protections under the Federal Employers Liability Act FELA FELA is an array of federal laws that are unique to railroad workers It is distinct from normal laws for workers compensation that apply to workers in other industries and focuses on the negligence of railroad employers You must prove your employers negligence in order to win the FELA claim The best way to do this is to work with a lawyer who is specialized in FELA claims and has experience in these types of cases If you are performing heavy work on a train yard or service workers who help passengers and freight move between trains and the train cars themselves or office workers handling paperwork for railroads there is always a chance that you may be injured while working These injuries could be severe and lead to medical bills lost earnings due to not being able to work and pain and suffering In some cases injuries they could be fatal Luckily the law exists to protect railroad workers and their families when this happens The FELA which was enacted in 1908 allows railroad workers to sue employers if they suffer injuries at work This is in addition to the states workers compensation laws However FELA has its own specific rules and standards of proof In order to win a FELA case the plaintiff must prove that their railroad company was negligent In some instances the injuries were caused by defective equipment or a violation of the Locomotive Inspection Act or the Safety Appliance Act Railroad employees who are injured can file a lawsuit to claim compensation for medical expenses lost earnings and other damages like pain and discomfort and aggravation existing ailments Contrary to workers compensation a jury decides FELA claims This is a benefit because it allows for a greater payout Cooper Hurley Injury Lawyers is experienced in FELA laws and can assist you in getting the compensation you deserve Railroad workers injured in an accident have up to three years to file a lawsuit under FELA It is however recommended to find a seasoned FELA attorney immediately to begin gathering evidence as soon as possible Evidence can disappear as time passes Statute of limitations A statute of limitation sets a time limit within which legal proceedings can be initiated in connection with a particular event The statute of limitations also limits the ability for prosecutor to indict a criminal for a crime after the time limit has expired It is a fundamental legal principle and it assists in ensuring justice is done in a fair manner Statutes of limitation apply in both civil and criminal law but they differ considerably by region Civil lawsuits have a two to three year limitation period Criminal cases can have different timeframes based on the type of crime or nature For instance homicides are a case that has no limitation period at all while other felonies can be prosecuted at any point In addition to statutes of limitation and statutes of limitations there are a myriad of other laws that restrict the time period during the period of time legal proceedings can be brought over specific types of cases For example actions to claim forfeitures or penalties and to sue for slander are often limited by short time limits Similarly proceedings that involve the administration of estates are usually limited to a a limited amount of time to begin The best method to determine if you have enough time to make a FELA claim is to speak with an experienced FELA attorney They can evaluate your case gather evidence and negotiate on your behalf with the railroad company They will work diligently to protect your rights and ensure that the appropriate deadline is met to file claims If you delay your case until after the statute of limitations has expired then it is likely that your case will be dismissed A experienced FELA lawyer will ensure that the statute of limitations is not breached and that your case is filed in time for the court to review it While it is important to hire a FELA attorney however it is equally important to pick one you can trust Both DLC and non DLC firms specialize in FELA Claims however it is essential to select a firm that you are comfortable with Regardless of whether you work for a DLC or nonDLC firm it is essential to speak with an attorney prior to making the statement to the railroad claims agent Comparative Negligence The principle of comparative fault determines the amount an injured party is able to get from a negligent claim The amount of negligence a plaintiff caused to cause an accident determines the amount they can recover However comparative fault is not an absolute defense against negligencebased claims State laws on comparative negligence vary but all recognize some form New York for example uses pure comparative fault This means that a persons fault will be compared with the defendants negligence 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 can recover their fair share of the damages This type of law is typically used to assign blame in auto accidents where several drivers are involved For example if two drivers break traffic laws and cause an accident the insurance company will assign each driver a specific proportion of the blame for the crash based on their contributing factors If a FELA claimant can prove the employers inability to comply with safety standards lead to their injuries then they will be eligible for monetary compensation This could include past and future medical expenses and loss of income as well as pain and suffering and much more The degree of negligence that must be proved is less than in ordinary negligence cases therefore it is crucial to have a FELA attorney to your side Because comparative negligence laws vary from state to state FELA claims are complex and require the help of an experienced attorney Fortunately the law firm of Mikel J Hoffman has more than 30 years of experience dealing with FELA claims as well as personal injury lawsuits in New York Contact us today for a nocost consultation It is important to act fast You have three years from the date of injury to file a suit or settle your case To set up a consultation call us or complete our contact form online fela railroad settlements deserve fair representation We are looking forward to hearing from you Damages Do not allow a representative of the company handle your claim if were injured while working They will not have your best interests at heart since their role is to save the company money by making the least amount they can A FELA attorney who is specialized in railroad litigation and injuries will understand the value of your case and will negotiate for maximum compensation with the company In a FELA suit railroad workers who have been injured are entitled to financial compensation This includes future and past medical costs related to the injury lost income future earnings potential emotional distress and pain and suffering This is a different model from traditional workers compensation laws It is a system built on fault which requires employers to prove negligence in order to receive compensation A St Louis FELA attorney can assist you in determining the cause of negligence The negligence of the railroad can be caused by unsafe working conditions inadequate training failure to follow safety guidelines and improper maintenance of equipment Even if an employee is partially at fault for an accident FELA allows them to claim damages The amount of damages an employee is able to recover is determined by the amount of the employers fault is found with Additionally a FELA lawyer will defend your rights and make sure that you dont give a statement to the claims department of the railroad right away This is vital as the information you provide can affect both your FELA claim as well as your employment status It is recommended to consult an experienced FELA lawyer whether DLC or not before giving any statements to the claims department A reputable FELA lawyer will be able to explain the consequences of giving statements and how they could affect your legal rights