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FELA Attorneys Near Me A highly competent FELA lawyer can help you bring an action against a railroad company for workrelated injuries A FELA lawsuit is however not an equivalent to a workers compensation or personal injury claim The railroad companies will fight against these claims and try to reduce the amount of compensation you receive It is crucial to speak with 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 This is due to the fact that FELA is a specific set of federal laws created specifically for railroad workers It is different from the normal laws for workers compensation that apply to workers in other industries and concentrates on the negligence of railroad employers This means you must to prove that your employers negligence to be able to win an FELA case The best way to accomplish this is by collaborating with a lawyer who is specialized in FELA claims and has experience with these kinds of cases If you are performing heavy work on the train yard or service workers who help passengers and freight move between trains and on the train cars themselves or office workers who handle paperwork for railroads there is a chance that you may be injured on the job fela attorneys can be severe and result in medical bills lost wages due to not being able to work as well as discomfort and pain In some cases injuries they can be fatal Fortunately 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 in the event that 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 To win the FELA case the plaintiff must prove that their railroad company was negligent In some cases injuries are caused by faulty machinery or a violation of the Locomotive Inspection Act and the Safety Appliance Act Injured railroad workers may pursue a lawsuit to seek compensation for medical expenses and loss of earnings and other losses such as the suffering and aggravation of existing conditions Unlike workers compensation juries decide FELA claims This is an advantage because it allows for a higher level of compensation The lawyers at Cooper Hurley Injury Lawyers are wellversed in FELA law and can help you seek the compensation that you deserve Railroad workers injured in an accident have up to three years to bring a lawsuit under FELA It is however recommended to find a seasoned FELA attorney as soon as possible so that they can start collecting evidence immediately Evidence can vanish as time passes Statute of Limitations A statute of limitations defines a maximum amount of time within which legal proceedings can be initiated in relation to a specific event It also limits the capacity of prosecutor to pursue criminal charges over an offense after the statute has expired This is a crucial legal principle and it helps ensure that justice is done with fairness The statute of limitations applies to both criminal and civil law although they vary considerably by region Generally civil lawsuits are subject to two to three years of limitation Criminal cases on the other hand can have different timelines depending on the type of crime and kind Homicides for instance have no statute of limitation in any way Other felonies however can be prosecuted at any time There are a variety of other laws in addition to the statute of limitations that restrict how long a legal proceeding can last for specific types of cases For example actions for claims of slander or for forfeitures or penalties are often restricted to short periods of time Similar to that cases involving the administration of estates have the same time limit to commence The best method to determine if you have enough time to file a FELA claim is to consult with an experienced FELA attorney They can assess your situation gather evidence and negotiate on behalf of you with the railroad company They will do their best to defend your rights and ensure that the appropriate timeframe is met for filing a claim It is likely that your case will be dismissed if you wait until the statute of limitations has expired A knowledgeable FELA lawyer will make sure that the statute of limitations is not violated and that your case is filed in time for the court to take a look at it It is essential to choose a FELA lawyer however it is important to select a lawyer that you can trust There are both DLC and nonDLC firms that specialize in FELA claims but it is important to choose the firm that you feel at ease with It is essential to speak with an attorney before making a statement regardless of whether or not you work for the DLC firm or a nonDLC one Comparative Negligence The principle of comparative blame determines the amount that a victim can recover under a negligent claim The percentage of negligence a plaintiff caused to cause an accident determines their recovery Comparative fault is not an allencompassing defense in negligencebased claims Comparative negligence laws differ between states however most states recognize some kind of For example New York uses pure comparative negligence which means that a persons negligence is in comparison to the negligence of the defendant If the negligence of one person is greater than the other they cannot recover damages from the defendant If theyre both equally responsible for the incident each can claim their share of the costs This type of law is commonly used to assign blame in car accidents in which multiple drivers are involved If two drivers break traffic laws and cause an accident then the insurance company will assign to each driver a share of the blame for the accident depending on the circumstances they contributed to If a FELA claimant can prove their employers failures to meet safety standards led to their injury then they are entitled to monetary compensation This could include future and past medical expenses as well as loss of income pain and suffering and more The amount of negligence that needs to be proven is lower than in normal negligence cases which is why it is important to have an FELA attorney on your side Since the laws governing comparative negligence vary from state to state FELA claims are complex and require the help of an experienced attorney Mikel J Hoffman one of the law firms located in New York with over 30 years of experience handling FELA lawsuits and personal injury claims is an excellent choice Contact them today for an initial consultation for free You have three years to start a lawsuit or settle your claim from the date of your injury so its better to act now rather than later To schedule a consultation with us call us or complete our online contact form You deserve fair representation We look forward to getting in touch with you Damages Do not allow a representative of the company handle your claim if you were injured on the job They are not in your best interests as they are there to save money by settling the case for the lowest amount A reputable FELA attorney who specializes in railroad accidents and litigation will know what your case is worth and negotiate with the company to get the maximum amount of compensation In a FELA lawsuit railroad workers injured in a FELA lawsuit can receive monetary compensation for a range of losses including medical expenses in the past and the future related to the injury loss of income as well as future earning capacity emotional distress and suffering This is a different model from traditional workers compensation laws It is a system based on fault that requires evidence of negligence on the part of the employer to be able to claim damages A St Louis FELA attorney can help you establish the source of negligence Inattention on the part of the railroad can include unsafe working conditions lack of proper training failure to follow safety regulations and improper maintenance of equipment Even if the employee is partially at fault for an accident they may still recover damages under FELA However the amount of damages that can be recovered depends on the proportion of fault the employer is found to be guilty of A FELA attorney will also safeguard your rights and ensure that you do not give a statement immediately to the railroad claims department This is extremely important as the information you provide can affect both your FELA claim as well as your job status Before you make any statements to the claims office it is recommended to always consult an experienced FELA attorney regardless of whether you are certified DLC or not A reputable FELA lawyer can explain the consequences of giving statements and how they can affect your legal rights