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FELA Attorneys Near Me A highly skilled FELA lawyer can help you bring a claim against a railroad company to recover workrelated injuries However it is important to note that a FELA lawsuit is not the same as a workers compensation or personal injury claim Railroad companies will fight these claims and attempt to limit the amount of compensation you receive Therefore it is crucial to speak with a professional lawyer as soon as you can after an accident Federal Employers Liability Act You should be aware that as a railroad worker you have special rights under the Federal Employers Liability Act FELA FELA is a set of federal laws that are unique to railroad workers It is distinct from the standard workers laws governing compensation that apply to state workers in other sectors and is focused on the negligence of railroad companies This means that you need to prove that your employers negligence in order to win a FELA case The best way to do this is to work with a lawyer who is specialized in FELA claims and has experience with these types of cases It doesnt matter if youre doing heavy labor on a train yard service personnel who help passengers and freight move between trains and on the train cars themselves or office workers who handle paperwork for railroads there is the possibility that you will be injured while working These injuries can be serious and result in costs for medical expenses lost wages due to not being able to work as well as pain and suffering In some instances injuries they could be fatal Luckily the law is there to protect railroad workers and their families when this happens Enacted in 1908 the FELA allows railroad employees to sue their employers when they are injured on the job This is in addition to the states workers compensation laws FELA however has its own rules and guidelines for proving To prevail in a FELA case the plaintiff must prove that their railroad company was negligent In certain instances 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 are able to file a lawsuit in order to claim compensation for medical expenses lost earnings and other damages like pain and discomfort and aggravation preexisting conditions In contrast to workers compensation claims FELA claims are decided by a jury This is a good thing since it allows for higher payout The lawyers at Cooper Hurley Injury Lawyers are experienced in FELA law and can help you get the compensation you are entitled to Railroad workers who have been injured can get up to three years to bring a lawsuit under FELA It is recommended to hire a FELA attorney as soon as possible to begin gathering evidence Evidence may disappear over time Statute of limitations A statute of limitations sets the time frame within which legal proceedings may be initiated in connection with a particular event It also limits the capacity of prosecutors to pursue criminal charges against a crime after the statute of limitations has expired It is a fundamental legal principle that ensures justice is done The statute of limitations applies to both criminal and civil law although they vary substantially by jurisdiction In general civil lawsuits are subject to two to three years of limitations Criminal cases on the other hand can have different timelines dependent on the crime and case kind Homicides for example are not subject to any statute of limitations at all Other felonies however can be prosecuted anytime In addition to statutes of limitation in addition there are a number of other laws that limit the period of time for the period of time legal proceedings can be started over specific types of cases For example actions for claims of slander or for penalties or forfeitures are typically restricted to short periods of time The time frame to bring a case involving the administration of an estate is also capped The best method to determine if you have enough time to file a FELA claim is to speak with an experienced FELA attorney They can assess your case gather evidence and negotiate on behalf of you with the railroad company They will protect your rights and ensure that you file an appropriate claim within the time frame If you do not file your case before the statute of limitations has expired it is very likely that your case will be dismissed A FELA lawyer who is wellinformed will ensure that the statute of limitation is not violated and that your case can be filed in time to be examined by the court It is essential to choose an FELA lawyer however it is important to select one that you can trust Both DLC and non DLC firms specialize in FELA Claims however it is important to choose a firm with whom you feel comfortable It is crucial to speak with an attorney prior to making any statement regardless of whether or not you work for a DLC firm or a nonDLC one Comparative Negligence The legal principle of comparative negligence decides how much of the damages they are able to recover in a negligencebased claim Essentially a plaintiffs recovery is reduced by the percentage of their own fault that contributed to the accident However the concept of comparative fault isnt an absolute defense against negligencebased claims Comparative negligence laws differ from state to state however most states recognize some type of For instance New York uses pure comparative negligence which means that a persons fault is as compared to the fault of the defendant If the negligence of one person is greater than the other they cant get compensation from the defendant If both are equally responsible for the incident each can claim their share of the costs This type of law is often used to assign fault in auto accidents involving multiple drivers If fela lawyer violate traffic laws and cause an accident then the insurance company will assign to each driver a portion of the blame for the accident depending on the circumstances they contributed If a FELAclaimant can prove the employers inability to comply with safety standards lead to their injuries then they are entitled to monetary compensation This can include past and future medical expenses as well as lost income pain and discomfort and much more However the amount of fault that must be shown is less than in ordinary negligence cases and it is important to hire an skilled FELA attorney working on your behalf Because comparative negligence laws 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 located in New York with over 30 years experience dealing with FELA lawsuits and personal injury claims is an excellent option Contact them today for an obligationfree consultation You have three years to make a claim or settle your case starting from the date of your injury so its important to act sooner rather than later Call or fill out our online contact form to set up a consultation with a licensed FELA attorney You deserve fair representation We are looking forward to hearing from you Damages Do not allow a representative of the company manage your claim if you were injured on the job Theyre not in your best interests since they are there to save money by settling the case at the lowest possible amount A FELA attorney who specializes in railroad litigation and injuries will know the value of your case and ensure that you receive the maximum amount of compensation from the company In a FELA suit railroad workers who have been injured can receive monetary compensation This includes future and past medical expenses related to the injury loss of income future earning potential emotional distress and suffering and pain This is a different system than traditional workers compensation laws It is a system built on fault which requires employers to demonstrate negligence to receive compensation A St Louis FELA attorney can assist you in determining the root of the negligence The negligence of the railroad could include unsafe working conditions lack of proper training a failure to comply with safety rules and insufficient maintenance of equipment Even if an employee was partly responsible for an accident they could still recover damages under FELA However the amount of damages that are able to be recovered is determined on the proportion of fault the employer is found to be guilty of A FELA attorney will also protect your rights and make sure that you do not make a statement right away to the railroad claims department This is crucial because the information you provide could affect your FELA claim as well as your job status It is best to consult an experienced FELA lawyer regardless of whether you are DLC or nonDLC before giving any statements to the department of claims A good FELA lawyer can explain the implications of giving statements and how they may impact your legal rights