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How Federal Employer Liability Act (FELA) Lawsuits Are Handled When it comes to FELA injury claims, the process largely mirrors personal injury lawsuits. Both your legal representative and your employer will investigate the incident thoroughly before discussing settlement options. It is for this reason that hiring an FELA attorney with experience is crucial. A successful claim could lead to reimbursement for medical expenses as well as lost wages and other non-economic damages like suffering and pain. Statute of limitations The Federal Employers Liability Act (FELA) provides railroad workers with additional protections over those offered by state laws governing workers' compensation. Workers compensation claims must be filed and dealt with by the state in which the injury occurred. However, FELA claims can be filed in any U.S. court. As with any legal claim it is important to understand the law and how it relates to your particular case. The statute of limitations is among the most crucial elements of an FELA lawsuit. A statute of limitations is a time-frame that a lawsuit must meet before it can be filed or withdrawn. In the majority of states, an individual has two to three years to bring a civil lawsuit for personal injuries resulting from the negligence of another party. However, the FELA statute of limitations is significantly shorter. In most cases, an individual must make a FELA claim or lawsuit within three years of the date they knew or ought to have known that their injury was linked to their job at the railroad. This time period of three years is vital because if a person who has been injured or the family members of a deceased worker fails to meet this deadline, they'll lose their right to bring a lawsuit for damages. The legal system enforces these timelines strictly and no exceptions are made. It is crucial that an injured railroad worker or the loved one of a deceased railroad worker, seeks out an experienced attorney immediately following the accident. In the vast majority of FELA lawsuits workers who are injured can claim damages for medical expenses, lost wages and suffering and pain. These damages can be granted for both traumatic injuries, such as broken bones and torn muscles, and occupational diseases like mesothelioma or other cancers. A FELA claim could also include compensation for the ancillary costs relating to the injury, such as transportation to and from work. Documentation of the damage and injuries is vital to the success of a FELA claim. This documentation should include medical reports detailing the severity of the injured person's injuries and the connection to the workplace incident. In addition, it is essential to collect as much information regarding the incident at work and how it happened and witnesses who can verify the details of the case. In the event of death, compensation is awarded to the survivor spouse or children of the deceased. In most cases, the surviving spouse and children will be entitled to up to $300,000 in wrongful-death benefits. This amount may be increased in the event that heirs can prove that the death was the result of a violation of a federal safety law or regulation. Statute of Repose When railroad workers get injured or killed while on the job The Federal Employers Liability Act (FELA) makes it possible for their families to claim damages. As Supreme Court Justice William Douglas explained, FELA “puts on the industry some of the costs of the legs, eyes, arms, and lives that it uses in the pursuit of its business.” When an injury, disease or death occurs, an incident report, bills or official documents, as well as other evidence is required to prove that the railroad employer was the one responsible for the injuries. FELA also requires that railroads provide its employees with a safe and secure place to work and forces it to be accountable to its employees. If the lawsuit is not filed within three years after the incident it may be exempted from the statute of limitations. It's important to contact an attorney who is familiar with FELA laws and can file your claim quickly. Unlike worker's compensation claims, FELA cases can be filed in federal and state courts. It is simpler to file a suit in federal court when the plaintiff's lawyer has experience in this jurisdiction. The statute of limitations for FELA cases is different from that of workers compensation claims. In most states, lawsuits must be filed within a period of one or two years from the date of the injury. However, in FELA claims the timeframe is usually three years from when the injury or disease was first discovered. This timeline can be extended in certain cases depending on the date that the injury or disease was first discovered or, if it is an occupational-related illness, the date the disease was first diagnosed. To file a wrongful-death suit under FELA the personal representative must be named by the estate of the deceased. Anyone else who files an action could be dismissed if they do not have standing. In most FELA lawsuits the plaintiff is required to prove that the illness or injury was at a minimum due to the employer's negligence. fela claims of proof varies significantly from what is required to prevail in a negligence case. Although a lawsuit may be filed in federal or state court, most FELA lawsuits are sent to mediation and are settled before they go to trial. A knowledgeable FELA attorney can assist you to achieve the best outcome for your case by providing the best representation possible in these mediations and pre-trial conferences. A lawyer who has successfully defended FELA trials can ensure that the arbitrator or judge is aware of what's at stake for your and/or your family members. Pre-trial Conferences The process of filing a lawsuit is a daunting task for railroad workers who have been injured while on the job. While every case is different but there are a few general steps that the majority of civil lawsuits follow. The experienced FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the lawsuit process. If you've been injured while working The first step is to get medical treatment and inform your employer. You should then contact an FELA lawyer or union representative. This will initiate the legal process of proving that your railroad's employer was negligent. In the beginning of the lawsuit the lawyer will typically submit a complaint in federal court. The complaint will include details about your injury as well as allegations against your employer. Once the complaint is filed, the investigation will begin. This phase is essential 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 through alternative dispute resolution methods like mediation or an agreement that is negotiated. If the parties are unable to reach an agreement or not resolve the issue through motion, the case will continue. Both sides will have lawyers present evidence and question witnesses before a judge or jury decides on a verdict. During this period the legal representative you choose can present a solid case in order to maximize your benefits and to make sure that you receive the compensation needed to recuperate from the injury. This could include damages for lost wages, medical expenses, future pain and suffering and more.