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How Federal Employer Liability Act (FELA) Lawsuits Are Handled The process of FELA injury claims is similar to that of personal injury lawsuits. Both your employer and legal representative will investigate the incident thoroughly before negotiating a settlement. It is for this reason that hiring a FELA attorney who is experienced is essential. A successful claim can lead to compensation for medical costs as well as non-economic damages, such as suffering and pain. Statute of Limitations The Federal Employers Liability Act (FELA) provides railroad workers with additional protections over those offered by state laws on workers' compensation. While workers' compensation claims are filed and handled in the state where an injury occurs, FELA claims can be filed in any court across the United States. As with any legal action it is essential to have a clear understanding of the law and how it applies to your case. One of the most crucial aspects of the FELA case is the statute of limitations. A statute of limitation is a time frame that a lawsuit must meet before it can be filed or withdrawn. In most states, people are given two to three years to bring a civil lawsuit for personal injuries caused by the negligence of another party. The FELA statute is much less. In the majority of cases, an individual must file a FELA claim or lawsuit within three years from the date they discovered or should have realized that their injury was linked to their job at the railroad. The three-year time frame is vital because if an injured worker or the family members of the deceased worker misses this deadline, they will lose the right to pursue damages. The legal system enforces the deadlines and rarely makes exceptions. It is important that a railroad worker injured or the family member of a railroad worker who has passed away, seeks an experienced lawyer immediately following their accident. In the majority of FELA lawsuits, an injured worker will be entitled to recover damages for his or her medical expenses, lost wages and pain and suffering. These damages can be awarded for traumatic injuries, such as broken bones and torn muscles and occupational diseases such as mesothelioma, among others. A FELA claim may also include compensation for the ancillary costs relating to the injury such as transportation to and from work. fela claims of damage and injuries is vital 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 workplace incident. It is also essential to gather as much data about the workplace incident and witnesses who are able to provide evidence of the truth. In the event of death, a payout is awarded to the survivor spouse or children of the deceased. In the majority of cases, up to 300,000 dollars in wrongful death benefits will be granted to the spouse of the deceased and child. This amount can be greatly increased, though, in the event that an heir can prove that the death was caused by a violation of a federal safety law or regulation. Statute of Repose The Federal Employers Liability act (FELA) allows families of railroad workers who are injured or die in the course of work 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 even lives it takes in working.” In the event of an injury, illness, or death, it is important to keep a report of the incident and official documents. FELA also requires that railroads provide its employees with a safe place to work in and also requires it to answer to its employees. The statute of limitations may stop a lawsuit if it is not filed within three years following the accident. It's important to contact an attorney who understands FELA laws and can file your claim quickly. Contrary to claims for worker's compensation, FELA lawsuits can be filed in both state and federal court. It is much easier to file a suit in federal court if the plaintiff's lawyer is experienced in this area. The statute of limitations for FELA cases is quite different from the statute of limitations for workers' compensation claims. In the majority of states, lawsuits must be filed within a period of one or two years from the date of injury. In FELA claims, the deadline is usually three years following the date of discovery of the injury or illness. In certain circumstances the timeline could be extended based on the date of discovery or in the case a disease that was diagnosed, the date on which it was first recognized as being related to employment. To file a wrongful death lawsuit under FELA the personal representative must be appointed by the estate of the deceased. Anyone who files an action may be dismissed if they lack standing. In the majority of FELA cases the plaintiff needs to show that the injury or illness was at least partially caused through the negligence of their employer. The burden of proof for FELA cases is significantly lighter than what's required to win an ordinary negligence claim. Although a lawsuit can be filed in a federal or state court system, the majority FELA cases are settled via mediation prior to trial. A knowledgeable FELA lawyer can help you get the best possible outcome for your case by providing you with the best representation possible in these mediations and pre-trial conferences. A lawyer who has tried FELA trials can make sure that the arbitrator or judge understands what is at stake for you and/or your family members. Pre-trial Conferences The process of filing a suit can be a bit daunting for railroad workers who have suffered injuries while on the job. While every case is different many civil lawsuits follow the same basic steps. Bohrer Brady LLC's FELA lawyers can help protect your rights throughout the litigation process. If you're injured at work The first thing you need to do is seek medical attention and inform your employer. The next step is to contact an 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 first phase of the lawsuit the lawyer will typically submit a complaint in federal court. The complaint will include details about your injury and allegations against your employer. Once this is done, the investigation will begin. This phase is essential to your FELA claim as it is at this point when the parties typically agree to resolve some or all of the issues through alternative dispute resolution options like mediation or an agreement negotiated. If the parties are not able to come to an agreement or not resolve the issue via motion, the lawsuit will be filed. At the trial, attorneys from both sides will present evidence and question witnesses before a judge or jury decides. During this period the best legal counsel can present a solid case for you in order to maximize your benefits and make sure you receive the compensation needed to cover the costs of your injuries. This could mean damages for future or past lost earnings, future medical expenses as well as future pain and suffering, and more.