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How Federal Employer Liability Act FELA Lawsuits Are Handled The procedure for FELA injury claims is similar to personal injury lawsuits Both your employer and legal representative will conduct thorough investigations into the incident before discussing the possibility of a settlement This is why hiring an experienced FELA attorney is crucial A successful claim can result in compensation for medical costs as well as lost wages and other noneconomic damages such as suffering and pain Statute of Limitations The Federal Employers Liability Act FELA which was passed in 1986 and provides railroad workers with greater protections than state laws governing workers compensation Workers compensation claims are filed and handled by the state in which the injury occurred however FELA claims can be filed in any court in the United States As with all legal claims it is crucial to be aware of the law and how it applies to your particular case The statute of limitations is one of the most crucial elements of the FELA lawsuit A statute of limitations is a deadline within which a lawsuit can be filed or dismissed In the majority of states a person has two to three years to file a civil lawsuit for personal injuries resulting from the negligence of another party However the FELA statute of limitations is significantly shorter In the majority of cases a person has to submit a FELA lawsuit or claim within three years from the date they discovered or shouldve realized that their injury was caused by their railroad work This threeyear period is crucial as if a person injured or a family member of a worker who has died does not meet the deadline then they forfeit their right to sue The legal system enforces the timeframes and rarely allows for exceptions It is essential that a railroad worker injured or the family member of the deceased railroad worker seeks an experienced lawyer as quickly as possible following their accident In the vast majority of FELA lawsuits an injured worker is entitled to recover damages which include medical expenses lost wages and pain and suffering These damages are available for severe injuries such as broken bones and torn muscles as well as occupational illnesses like mesothelioma among other cancers Additionally to this a FELA claim could also be accompanied by compensation for ancillary expenses related to the injury such as transportation costs to and from work The key to the success of a FELA case is the thorough documentation of the damages incurred due to the injury This evidence should include medical reports detailing the severity of the persons injuries and the connection to the workplace incident It is also important to collect as much information about the workplace incident and how it happened and any witnesses who can verify the details of the case In the case of a death compensation will be paid to the spouse who survived and children of the deceased In the majority of instances the spouse who survived and children are entitled to the maximum amount of 300000 in wrongfuldeath benefits The amount may be increased if the heir can prove the death was due to a violation of a federal safety regulation or law Statute of Repose When railroad workers get injured or killed on the job the Federal Employers Liability Act FELA allows for their families to recover damages According to Supreme Court Justice William Douglas FELA imposes on the industry a share of the costs of eyes legs hands and even lives it takes in conducting its business If an accident illness or death occurs the incident report bills or official documents as well as other evidence are important to establish that the railroad was responsible for the injuries FELA requires railroads to provide a safe environment for its employees and be accountable to them The statute of limitations can be a hindrance to a lawsuit if it is not filed within three years following the accident Its essential to contact an attorney who understands FELA law and who can file your claim promptly Contrary to claims for workers compensation FELA cases can be filed in both state and federal courts It is much easier to make a claim in federal court when the plaintiffs lawyer has experience in this court The time limit for FELA cases is quite different from that of workers compensation claims In the majority of states the lawsuit must be filed one or two years after the date of injury In FELA claims the time frame is typically three years from the date of the discovery of the injury or illness The time frame can be extended in certain instances dependent on the date when the injury or disease was first discovered or if it is an occupationalrelated illness the date on which the disease was first identified To file a wrongfuldeath lawsuit under FELA a personal representative must be appointed by the estate of the deceased Anyone who files a claim is not in standing and is subject to dismissal In the majority of FELA claims the plaintiff is required to prove that the illness or injury was at a minimum caused by the negligence of the employer fela settlements of proof for FELA cases is significantly lighter than whats required in an ordinary negligence claim Although a lawsuit can be filed in a state or federal court system the majority of 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 assisting you in mediations and pretrial conferences A lawyer who has tried FELA trials can ensure that the arbitrator or judge is aware of whats at stake for your andor your family Pretrial Conferences The process of filing a suit can be intimidating to railroad workers who have been injured while on the job While every case is different many civil lawsuits follow the same general steps The experienced FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the process of a lawsuit If youve been injured on the job the first step is to seek medical treatment and inform your employer The next step is to contact a FELA attorney or union representative This will start the legal process of proving the negligence of your railroads employer caused the injury During the initial phase of the lawsuit your lawyer will generally file a complaint in federal court The complaint will describe your injury and the allegations against your employer Once this is done the investigation will begin This phase is essential to your FELA claim because it is at this stage when the parties typically decide to resolve a portion 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 the issue is not resolved by motion the lawsuit will go to trial Both sides will have attorneys present evidence and question witness before a jury or judge gives the verdict During this time the legal counsel you choose can argue a compelling case for you to maximize your benefits and ensure that you get the compensation you need to recover from your injuries This decision may include compensation for lost wages medical expenses future pain and suffering and many more