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How Federal Employer Liability Act (FELA) Lawsuits Are Handled The procedure for FELA injury claims is similar to that of personal injury lawsuits. Both your legal representative and your employer will thoroughly investigate the incident before negotiating settlement options. This is the reason that hiring an FELA attorney with experience is crucial. A successful claim could result in the payment of medical expenses as well as non-economic damages such as suffering and pain. Statute of limitations The Federal Employers Liability Act (FELA), which was passed in 1986, provides railroad workers with more protections than the state's laws on workers' compensation. While claims for workers' compensation are filed and dealt with in the state where an injury occurs, FELA claims can be brought to any court in the United States. As with any legal claim it is important to understand the law and how it applies to your situation. One of the most crucial aspects of an FELA case involves the statute of limitations. A statute of limitations is a time period within which a lawsuit has to be filed or be deemed to be inadmissible. In the majority of states, an individual has two to three years to bring a civil suit for personal injuries resulting from the negligence of another party. The FELA statute is much shorter. In the majority of instances, a person has to make a FELA claim or lawsuit within three years of the date on which they realized or should have realized that their injury was due to their railroad work. This three year window is vital because if an injured worker or the family members of a deceased worker misses this deadline, they'll lose their right to bring a lawsuit for damages. The legal system enforces these deadlines strictly, and exceptions are rarely made. It is crucial that a railroad worker injured or the loved one of a railroad worker who has passed away, seek out an experienced attorney immediately following the accident. In the vast majority of FELA lawsuits, an injured worker can claim damages including medical expenses, lost wages and suffering and pain. These damages are available for both traumatic injuries like broken bones or torn muscles as well as occupational illnesses such as mesothelioma or other cancers. A FELA claim may also include compensation for ancillary costs related to the injury, for example transportation to and from work. Documentation of injuries and damages is essential to an effective FELA claim. This evidence should include medical records that detail the severity of the injured person's condition as well as its connection to the incident at work. In addition, it is essential to gather as many details about the incident at work and how it happened as possible, including any witnesses who can attest to the facts of the incident. In the event of death, a payout is awarded to the surviving spouse or children of the deceased. In most instances, the surviving spouse and children will receive the maximum amount of $300,000 in wrongful-death benefits. This amount is able to be increased if an family member can prove that the death was caused by a violation to a federal safety regulation or law. Statute of Repose When railroad workers get injured or killed in the course of their work In the event of a fatal accident or injury, 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 eyes, legs arms, and lives that it uses in the pursuit of its business.” In the event of an accident, illness or death, it is crucial to have an incident report and official documentation. FELA also requires that the railroad provide its employees with a safe and secure place to work, and requires it to answer to its workers. The statute of limitations can stop any lawsuit if not filed within three years after the accident. It's essential to contact a lawyer who understands FELA law and who can make your claim as quickly as possible. Contrary to claims for worker's compensation, FELA cases can be filed in federal and state courts. It is easier to make a claim in federal court if the plaintiff's lawyer is experienced in this area. The statute of limitations for FELA cases is quite different from that of workers compensation claims. In most states, a lawsuit must be filed within one or two years after the date of injury. However, in www.accidentinjurylawyers.claims , the time period is typically three years from the date the injury or disease was discovered. In some instances the time frame may be extended based on the date of discovery or, in the case of an illness the date it was first diagnosed in connection with employment. To file a wrongful-death lawsuit under FELA the personal representative must be appointed by the estate of the deceased. Anyone who files a claim is not in standing and could be subject to dismissal. In most FELA cases the plaintiff needs to show that the illness or injury was caused by the negligence of their employer. The burden of proof is much less than that required to succeed in an ordinary negligence claim. Even though a lawsuit can be filed in either state or federal court, the majority of FELA lawsuits are sent to mediation and get resolved before going to trial. A FELA lawyer with experience can help you achieve the best possible outcome for your case, by representing you in these pre-trial conferences and mediations. An attorney who has been through FELA trials can guarantee that the arbitrator or judge understands what's at stake for you or your family members. Pre-trial Conferences The process of filing a lawsuit may be daunting for railroad workers injured in the course of work. While every case is different however, the majority of civil lawsuits follow the same general steps. The knowledgeable FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the entire litigation process. If you're injured at work, the first thing to do is seek medical attention and inform your employer. The next step is to contact a FELA lawyer or union representative. This will begin the legal process of establishing that the negligence of your railroad's employer caused the injury. In the initial phase of the case the lawyer will usually make a complaint in federal court. The complaint will outline your injuries as well as the allegations against your employer. Once the complaint is filed, the investigation will begin. This phase can be an essential element of your FELA claim, as it is often at this point that parties will reach an agreement to settle all or a portion of the issues in the case by alternative dispute resolution like mediation or a settlement that is negotiated. If the parties are unable to reach an agreement or the matter is not disposed of by motion, then the lawsuit will go to trial. At trial, attorneys for both sides will argue evidence and question witnesses before a judge or jury decides. During this time the best legal counsel can argue a strong case in order to maximize your benefits and to make sure you receive the compensation needed to cover the costs of your injury. This may include compensation for medical expenses, lost wages and future pain and suffering and more.