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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 employer and legal representative will conduct thorough investigation into the incident prior to discussing the possibility of a settlement. This is why hiring a skilled FELA attorney is crucial. A successful claim could result in compensation for medical costs, lost wages and non-economic damages like pain and suffering. Statute of Limitations The Federal Employers Liability Act (FELA), which was passed in 1986, provides railroad workers with greater protections than state laws governing workers' compensation. Workers' compensation claims must be filed and dealt with by the state in which the injury occurred, but FELA claims may be brought in any U.S. court. But, just like any legal action, it is important to have a thorough understanding of the law and how it applies to your case. One of the most critical aspects of an FELA case is the statute of limitations. A statute of limitations is a time frame that a lawsuit must meet before it can be filed or dismissed. In the majority of states, an individual has two to three years to file a civil lawsuit for personal injuries that result from the negligence of a third party. The FELA statute is much less. In the majority of cases, a person must make a FELA claim or lawsuit within three years from the date on which they realized or ought to have known that their injury was related to their railroad work. The three-year time frame is crucial because if a person who has been injured or the family members of the deceased worker misses the deadline, they'll lose the right to bring a lawsuit for damages. The legal system enforces the deadlines and rarely makes exceptions. It is crucial that an injured railroad worker or the family member of a railroad worker who has passed away, seeks out an experienced attorney as quickly as possible following their accident. In the vast majority of FELA lawsuits, a worker who has been injured is entitled to recover damages, including medical expenses, lost wages and suffering and pain. These damages are available for severe injuries, such as broken bones and torn muscles as well as occupational illnesses such as mesothelioma or other cancers. A FELA claim may also include the reimbursement of ancillary expenses related to the injury, such as transportation to and from work. Documentation of damage and injuries is vital for the success of a FELA claim. This evidence should include medical reports detailing the extent of the injured person's injuries and the connection to the workplace incident. It is also important to collect as much information regarding the incident at work and how it happened as possible, including any witnesses who can verify the facts of the incident. Finally, in the event of a death the compensation will be given to the surviving spouse and children of the deceased individual. In the majority of instances, the spouse who survived and children will be entitled to a maximum of $300,000 in benefits for wrongful death. This amount can be increased if an heir can prove the death was due to a violation to a federal safety regulation or law. Statute of Repose The Federal Employers Liability act (FELA) allows families of railroad workers injured or die on the job to be compensated. As Supreme Court Justice William Douglas explained, FELA “puts on the industry a portion of the cost of the legs, eyes arms, lives, and legs which it consumes 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 show that the railroad company was accountable for the injuries. FELA requires the railroad to provide a safe workplace for its employees and be accountable to them. The statute of limitations can bar any lawsuit if not filed within three years after the accident. It is essential to speak with a lawyer who understands FELA law and who can file your claim promptly. In contrast to worker's compensation claims, FELA lawsuits can be filed in both state and federal court. It is easier to bring a suit in federal court when the plaintiff's lawyer is experienced in this area. The time limit for FELA claims differs from the statute of limitation for workers' compensation. In most states, lawsuits must be filed within a period of one or two years from the date of injury. However in FELA claims, the time period is usually three years from the time the injury or disease was discovered. The time frame may be extended in certain circumstances depending on the date that the injury or disease was first discovered, or, if it is an occupational illness, the date on which the disease was first diagnosed. To file a wrongful death lawsuit under FELA the personal representative must be named by the estate of the deceased. Anyone who files an action may be dismissed if they don't have standing. In the majority of FELA cases the plaintiff needs to show that the condition or injury was at least partially caused by the negligence of their employer. The burden of proof is different considerably from what is required to win a negligence lawsuit. Even though fela railroad accident lawyer could be filed in a federal or state court system, most FELA cases are settled through mediation prior to trial. A FELA lawyer who has experience can help you achieve the best possible outcome for your case by representing you at these pre-trial conferences and mediations. A lawyer who has successfully defended FELA trials can guarantee that the arbitrator or judge knows what's at stake for you and/or your family. Pre-trial Conferences The process of filing a suit is a daunting task for railroad workers who have suffered injuries while on the job. While every case is different however, there are some general guidelines that civil lawsuits generally follow. The experienced FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the entire litigation process. When you have been injured while working, the first step is to get medical treatment and notify your employer. You should then speak with an FELA attorney or union representative. This will begin the legal process to prove that your railroad employer was negligent. During the first phase of the case your lawyer will generally file a complaint at federal court. The complaint will contain information about your injury as well as allegations against your employer. Once the complaint is filed, the investigation can begin. This is an essential element of your FELA claim, as it is usually at this stage that the parties will agree to resolve 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 come to an agreement or not resolve the matter by motion, the case will be filed. In a trial, lawyers for both sides will argue evidence and question witnesses before a jury or judge renders a decision. In this instance the best legal counsel will be able to present a convincing argument for you 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 past and future medical expenses, lost wages and future pain and suffering and more.