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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 investigations into the incident before discussing the possibility of settling. This is why hiring a professional FELA attorney is essential. A successful claim can lead to compensation for medical expenses, lost wages and non-economic damages such pain and suffering. Statute of Limitations The Federal Employers Liability Act (FELA) gives railroad workers with protections that are greater that are not provided by state workers' compensation laws. While claims for workers' compensation are filed and processed in the state where an injury occurs, FELA claims can be brought to any court in the country. As with any legal claim it is crucial to be aware of the law and how it applies to your particular case. One of the most important aspects of an FELA case is the statute of limitations. A statute of limitations is a time-frame within which a lawsuit may be filed or barred. In the majority of states, it takes two to three years to bring a civil lawsuit for personal injuries caused by the negligence of a third party. However, the FELA statute of limitations is much shorter. In the majority of instances, an individual has to make a FELA lawsuit or claim within three years of the date that they knew or should've known that their injury is related to their railroad work. This three-year period is crucial, because if a worker injured or the family member of a worker who has died misses it the deadline, they lose their right to pursue a lawsuit. The legal system enforces these deadlines strictly and exceptions are seldom made. It is crucial that an injured railroad worker or the family member of a deceased railroad worker, seeks out an experienced attorney as quickly as possible following the accident. In the majority of FELA lawsuits, an injured worker will be entitled to recover damages for medical expenses, lost wages and suffering and pain. These damages can be granted for both traumatic injuries, such as broken muscles and bones, as well as occupational diseases such as mesothelioma, among others. A FELA claim could also contain compensation for ancillary costs related to the injury, such as transportation to and from work. The most important aspect of success in a FELA case is thorough documentation of the injuries sustained due to the injury. This documentation should include medical records describing the severity of the injured person's condition and its connection to the incident at work. It is also crucial to gather as much information about the incident at work as possible and witnesses who are able to provide evidence of the truth. In the event of a death the compensation will be given to the surviving spouse and children of the deceased. In fela attorneys of cases, up to 300,000 dollars of wrongful death benefits will be granted to the spouse who died and child. The amount may be increased if an heir can prove the death was caused by a breach to a federal safety regulation or law. Statute of Repose The Federal Employers Liability act (FELA) allows families of railroad workers who are injured or die while on the job to receive compensation. According to Supreme Court Justice William Douglas, FELA “imposes on the industry a portion of the cost of legs, eyes, hands, and lives that it takes while working.” When an injury, disease or death occurs an incident report, bill or official documents, as well as other evidence are important to establish that the railroad was responsible for the injuries. FELA also requires that the railroad provide its employees with a safe place to work, and requires it to be accountable to its workers. If a lawsuit isn't filed within three years from the date of the accident the claim could be exempted from the statute of limitations. It's essential to contact a lawyer who understands FELA law and can submit your claim quickly. Contrary to claims for worker's compensation, FELA lawsuits can be filed both in state and federal court. It is easier to make a claim in federal court when the plaintiff's lawyer is experienced in this court. The time limit for FELA claims is different from that of workers' compensation. In the majority of states, a lawsuit has to be filed within one or two years from the date of the injury. In FELA claims the time limit is typically three years from the date of discovery of the injury or illness. In some instances the time frame may be extended depending on the date of discovery or in the case of an illness that was diagnosed, the date on which it was first diagnosed as being related to employment. To file a wrongful-death suit under FELA the personal representative must be named by the estate of the deceased. Anyone who files an action could be dismissed if they do not have standing. In the majority of FELA lawsuits the plaintiff is required to prove that the disease or injury was at a minimum caused by the negligence of the employer. This burden of proof differs substantially from the requirements to prevail in a negligence case. Even though a lawsuit may be filed in a federal or state court system, most FELA cases are settled via mediation prior to trial. A knowledgeable FELA lawyer can help you achieve the best outcome for your case by providing the best possible representation at these mediations and pre-trial conferences. A lawyer who has successfully defended FELA trials can guarantee that the arbitrator or judge is aware of what is at stake for you or your family members. Pre-trial Conferences The procedure of filing a lawsuit may be intimidating for railroad workers injured in the course of work. While every case is unique but there are a few general steps that most civil lawsuits follow. 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. Then, you must make contact with a FELA lawyer or union representative. This will start the legal process of proving that the negligence of your railroad's employer caused the injury. In the beginning of the lawsuit, your lawyer will usually file a complaint in federal court. The complaint will describe your injuries as well as the allegations against your employer. After this is completed, the investigation will begin. This phase is crucial to your FELA claim as it is at this stage when the parties typically agree to resolve some or all of the issues by alternative dispute resolution methods like mediation or a negotiated agreement. If the parties are not able to come to an agreement, or if they do not resolve the matter by motion, the case will proceed. In a trial, lawyers for both sides will argue evidence and question witnesses before a judge or jury makes a decision. During this time the best legal counsel can argue a compelling argument for you to maximize your benefits and ensure that you receive the compensation you need to recuperate from your injuries. This may include compensation for past and future medical expenses, lost wages and future pain and suffering and much more.