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FELA Attorneys Near Me A highly skilled FELA lawyer can help you file a claim against a railroad company to recover work-related injuries. A FELA lawsuit however, isn't the equivalent of a workers' compensation or personal injury claim. Railroad companies will fight against these claims, and will try to reduce the amount of compensation you receive. Therefore, it is essential to speak with a reputable attorney as soon as possible after an accident. Federal Employers' Liability Act You should be aware that as a railroad employee, you have special rights under the Federal Employers Liability Act (FELA). FELA is a set of federal laws that are exclusive to railroad workers. It is different from the general laws on workers' compensation that apply to workers in other industries and focuses on the negligence of railroad employers. You must demonstrate the negligence of your employer in order to win a FELA claim. This can be done by working with a lawyer who is specialized in FELA cases and has experience in this kind of case. There is always the risk of being injured at work regardless of whether you're working as a heavy-duty laborer in a train yard or someone who assists passengers and freight move from trains to train cars and reverse or an office worker who handles paperwork for the railroad. These injuries can be serious and can result in costs for medical expenses, lost wages due to being unable to work, as well as pain and suffering. In some cases, injuries can be fatal. Fortunately the law exists to protect railroad workers as well as their families when this happens. The FELA that was enacted in 1908, allows railroad workers to sue employers if they suffer injuries at work. This is in addition to the state's workers' compensation laws. FELA however has its own rules and guidelines for proving. A FELA lawsuit demands that the plaintiff prove the negligence of their railroad company caused the injury. In some cases injuries were caused by defective machinery or a violation of the Locomotive Inspection Act and the Safety Appliance Act. Railroad employees who have been injured can file a lawsuit to seek compensation for medical expenses, lost earnings and other damages such as discomfort and pain, as well as aggravation of existing conditions. In contrast to workers compensation, a jury decides FELA claims. This is a good thing since it allows for a higher amount of compensation. The attorneys at Cooper Hurley Injury Lawyers are experienced in FELA law and can assist you seek the compensation that you deserve. The FELA allows railroad workers injured up to three years to file a suit. It is best to engage a FELA attorney as soon as possible to start gathering evidence. Evidence can vanish as time passes. Statute of Limitations A statute of limitations defines the maximum time within which legal proceedings can be initiated in relation to a specific event. It also limits the ability of prosecutor to pursue criminal charges against a crime once the statute of limitations has expired. This is a crucial legal principle, and it helps ensure that justice is done in a fair manner. Statutes of limitation apply in both civil and criminal law, although they vary substantially by jurisdiction. Generally, civil lawsuits are limited to two to three years of limitations. Criminal cases however are subject to different time frames dependent on the crime and case type. Homicides for instance have no statute of limitations at all. Other felonies are, however, able to be prosecuted at any time. In addition to statutes of limitation in addition, there are a number of other laws that restrict the time period during which legal proceedings may be initiated over certain kinds of cases. For example, actions for claims of slander or for forfeitures or penalties are often restricted to short time frames of limitation. The time period for bringing a case involving the administration of an estate is also capped. Talk to an experienced FELA lawyer to determine if you have still time to file a claim under FELA. They will assess your situation and gather evidence to negotiate with the railroad company on your behalf. They will diligently safeguard your rights and make sure that the appropriate deadline is met to file claims. If you do not file your case before the expiration date of the statute of limitations it is highly likely that your case will be dismissed. A skilled FELA lawyer will ensure that the statute of limitations has not in violation and that the case is filed in time for the court to take a look at it. It is important to hire a FELA lawyer however it is crucial to choose one that you can trust. Both DLC and non DLC firms specialize in FELA Claims, however it is important to choose a firm that you are comfortable with. Regardless of whether you work for a DLC or a non-DLC company, it is important to consult with an attorney prior to making the statement to an agent for railroad claims. Comparative Negligence The legal principle of comparative negligence defines the amount of the injured party's damages they can recover in a negligent-based lawsuit. The percentage of negligence a plaintiff contributed to an accident is what reduces their recovery. However the concept of comparative fault isn't an absolute defense against negligence-based claims. The laws governing comparative negligence differ from state to state, however, most states recognize some form of it. For instance, New York uses pure comparative negligence, which means that a person's fault is compared to the defendant's negligence. If the negligence of one person is greater than the other, they are unable to claim damages from the defendant. If they're both equally responsible for the accident each party can seek their proportional share of damages. This type of law is typically used to assign blame in car accidents in which several drivers are involved. For instance when two drivers violate traffic laws and cause an accident, the insurance company will assign each driver a certain percentage of blame for the accident based upon the contributing factors. If a FELA claimant can prove their employer's failures to meet safety standards led to their injury, then they are entitled to the financial compensation they deserve. This could include future and past medical expenses, loss of income as well as pain and suffering and more. However, the degree of negligence that must be proven is lower than in ordinary negligence cases, and it is important to hire an expert FELA attorney on your behalf. Since the laws governing comparative negligence vary from state to state, FELA claims are complex and require the assistance of an experienced 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 great choice. Contact us today for a no-cost consultation. It is important to act swiftly. You have three years from the date of injury to file a lawsuit or settle your case. To schedule a consultation, call or submit our online form to contact us. You 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 on the job. They're not looking out for your best interests, since they're there to save money by settling the case for the lowest amount. A knowledgeable FELA attorney who specializes in railroad injuries and litigation will know what your case is worth and will negotiate with the company for the highest amount of compensation. In a FELA suit, railroad workers who have been injured may be awarded monetary compensation. This includes future and past medical expenses resulting from the injury, lost income, future earning potential, emotional distress and pain and suffering. This is a different system than traditional workers' compensation laws. It is a system based on fault that requires proof of negligence on the part of the employer in order to recover damages. A knowledgeable St. Louis FELA lawyer can assist in determining the cause of negligence in your case. Negligence on the part of the railroad can be caused by unsafe working conditions, lack of proper training, a failure to comply with safety rules, and insufficient maintenance of equipment. Even when fela case settlements is partly at fault for an accident, FELA allows them to recover damages. However the amount that can be recovered is based on the percentage of fault that the employer is found to be guilty of. Additionally to that, a FELA lawyer will defend your rights and ensure that you don't provide an answer to the railroad's claims department immediately. This is important because the information you give can affect your FELA claim and also your status as an employee. Before making any statements to the claims office, it is recommended to always consult with an experienced FELA attorney, whether DLC-certified or not. A reputable FELA lawyer will be able explain the implications of making a statement and how it could affect your legal rights.