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FELA Attorneys Near Me A highly competent FELA lawyer can assist you to make an action against a railroad firm for work-related injuries. However, fela accident attorney is not the same as a workers' comp or personal injury claim. Railroad companies will fight to deflect these claims and reduce the amount you get in compensation. Therefore, it is important to speak with a professional lawyer as soon as you can after an accident. Federal Employers' Liability Act If you're working for a railroad you must be aware that you are entitled to specific protections under the Federal Employers' Liability Act (FELA). FELA is an array of federal laws that are unique to railroad workers. It differs from regular workers' compensation laws which apply to workers in other industries and is focused on the negligence of railroad employers. You must prove the negligence of your employer in order to prevail on a FELA claim. The best way to accomplish this is by collaborating with a lawyer who specializes in FELA claims and has experience in the types of cases. It doesn't matter if you're doing heavy labor on the train yard or service workers who help passengers and freight move between trains and the train cars themselves, or office workers handling paperwork for the railroad, there is always the chance that you could be injured on the job. These injuries could be severe and lead to medical bills, lost earnings due to being unable to work, and pain and suffering. In some instances, the injury can even be fatal. Fortunately, the law protects railroad workers and their family members when this happens. Enacted in 1908, the FELA allows railroad employees to sue their employers if they suffer injuries at work. This is in addition to the state's laws on workers' compensation. FELA however, has its own rules and guidelines for proving. In order to win the FELA case the plaintiff must demonstrate that their railroad company was negligent. In some instances injuries are caused by defective machinery or violations of the Locomotive Inspection Act and the Safety Appliance Act. Railroad workers who have been injured may pursue a lawsuit to seek compensation for medical expenses and loss of earnings and other losses like the suffering and aggravation of existing conditions. Unlike workers' compensation, a jury determines FELA claims. This is a good thing since it allows for a higher payout. Cooper Hurley Injury Lawyers is knowledgeable about FELA laws and can assist you in obtaining the amount of compensation you are entitled to. Injured railroad workers have up to three years to bring a lawsuit under FELA. It is best to engage a FELA attorney as soon as you can to begin gathering evidence. This is because evidence can disappear as time passes. Statute of limitations A statute of limitations sets a maximum amount of time within which legal proceedings can be initiated over a certain event. It also limits the power of prosecutors to pursue criminal charges for an offense after the statute of limitations has expired. It is a key legal principle that helps ensure that justice is served fairly. Both civil and criminal law have statutes of limitations however they differ by region. Civil lawsuits are subject to a two-to three year limitation period. Criminal cases, on the other hand, can have different timelines depending on the nature of the crime and type. Homicides, for instance, have no statute of limitations in any way. Other felonies are, however, able to be prosecuted at any time. There are a variety of other laws that, in addition to the statute of limitations, that restrict the length of time an action in court can last for certain kinds of cases. For instance actions to claim forfeitures or penalties and to bring a lawsuit for slander are typically governed by the time limit. The time limit for bringing a case that involves the administration of an estate is also limited. The best method to determine if there is enough time to file a FELA claim is to speak with an experienced FELA attorney. They will evaluate your situation collect evidence, then negotiate with the railroad company on your behalf. They will safeguard your rights and make sure that you file your claim within the appropriate timeframe. If you wait until after the expiration date of the statute of limitations then it is likely that your case will be dismissed. A experienced FELA lawyer will make sure that the statute of limitations is not in violation and that the case is filed in time for the court to review it. While it is important to employ a FELA attorney however, it is equally important to pick one you can are confident in. Both DLC and non DLC firms specialize in FELA Claims, however it is important to choose a firm that you are comfortable with. No matter if you work for an DLC or non-DLC firm it is important to consult with an attorney prior to submitting the statement to the railroad claims agent. Comparative Negligence The concept of comparative fault determines the amount of damages an injured party is able to recover under negligence claims. The amount of compensation a plaintiff receives is diminished by the amount of their own negligence that caused the accident. However the concept of comparative fault isn't a complete defense to negligence-based claims. Comparative negligence laws differ from state to state, but most of them recognize some kind of. For instance, New York uses pure comparative negligence which means that a person's negligence is compared to the defendant's negligence. If the negligence of one person is greater than the other's, they can't get compensation from the defendant. If both are equally responsible for the accident each can claim their share of the costs. This kind of law is often used to determine the cause of auto accidents where several drivers are involved. For example, if two drivers break traffic laws and have an accident the insurance company will assign each driver a specific percentage of blame for the accident based upon their contribution to the cause. If a FELA-claimant can prove their employer's failures to meet safety standards led to their injury, they will be eligible for monetary compensation. This could include future and past medical costs, loss of income, pain and suffering, and much more. The amount of negligence that needs to be proven is lower than that of ordinary negligence claims, so it is important to have an FELA attorney on your side. Because comparative negligence laws vary between states, FELA claims are complex and require the help of an experienced attorney. Fortunately, the law firm of Mikel J. Hoffman has over 30 years of experience handling FELA claims and personal injury lawsuits in New York. Contact us today for a no-cost consultation. You have three years to make a claim or settle your case starting from the date of your injury, so it's crucial to act sooner rather than later. To schedule a consultation, call or complete our online form to contact us. You deserve fair representation. We look forward to hearing from you! Damages Do not let a representative from the company handle your claim if were injured on the job. They are not looking out for your best interests, since they are in the business of saving money by settling the case for the lowest possible amount. A knowledgeable FELA attorney who is specialized in litigation and railroad injuries will know what your case is worth and 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, loss of income, future earnings potential, emotional distress and suffering. This system is different from traditional laws governing workers' compensation. It is a system based on fault, which requires that the employer prove negligence in order to be able to claim damages. A St. Louis FELA attorney can help you establish the root of the negligence. Negligence on the part of the railroad could be caused by unsafe working conditions, inadequate training, failure to adhere to safety guidelines, and improper maintenance of equipment. Even if an employee is partially at fault for an accident, they could still recover damages under FELA. However the amount that can be recovered is based on the proportion of fault the employer is found to have. In addition, a FELA lawyer will defend your rights and make sure that you don't provide a statement to the claims department of the railroad immediately. This is vital because the information you provide can affect both your FELA claim as well as your employment status. Before making any statements to the claims office, you should always consult an experienced FELA attorney, regardless of whether you are certified DLC or not. A knowledgeable FELA lawyer can explain the consequences of giving a statement and how it could affect your legal rights.