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How Federal Employer Liability Act (FELA) Lawsuits Are Handled When it concerns FELA injury claims, the process generally is similar to personal injury lawsuits. Both your employer and legal representative will investigate the incident thoroughly before negotiating settlement options. This is the reason that hiring a FELA attorney who is experienced is essential. A successful claim can lead to reimbursement for medical expenses, lost wages, and other non-economic damages such as pain and suffering. Statute of Limitations The Federal Employers' Liability Act (FELA), that was passed in the year 1986, provides railroad workers with greater protections than state laws governing workers' compensation. While fela case settlements for workers' compensation are filed and dealt with in the state in which an injury occurs, FELA claims can be brought to any court in the United States. Like any legal claim, it is important to understand the law and how it relates to your particular case. One of the most crucial aspects of a FELA case involves the statute of limitations. A statute of limitations is a deadline within which a lawsuit can be filed or barred. In the majority of states, an individual has two to three years to file a civil suit for personal injuries resulting from another party's negligence. The FELA statute is much less. In the majority of cases, a person must file a FELA claim or lawsuit within three years of the date they knew or should have known that their injury was linked to their railroad job. This time period of three years is crucial because if an injured worker or the family of a deceased worker misses the deadline, they'll lose the right to pursue damages. The legal system enforces timeframes and rarely allows for exceptions. This is the reason it is vital for a railroad worker injured or the loved one of a deceased worker to seek the assistance of 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 are granted for both traumatic injuries, such as broken bones and torn muscles as well as occupational illnesses like mesothelioma and other cancers. Additionally, a FELA claim can also be accompanied by compensation for incidental expenses resulting from the injury, for example, transportation costs to and from work. The key to the success of a FELA case is thorough documentation of the injuries sustained in the course of the injury. This documentation should include medical reports detailing the extent of the injured person's injuries and the connection to the workplace incident. Additionally, it is important to gather as many details about the workplace incident and how it happened and witnesses who can attest to the facts of the incident. In the case of a death, compensation will be awarded to the surviving spouse and children of the deceased. In most instances, the surviving spouse and children will receive the maximum amount of $300,000 in benefits for wrongful death. The amount could be significantly increased, though, in the event that heirs can prove that the death was the result of the violation of the federal safety law or regulation. Statute of Repose The Federal Employers Liability act (FELA) permits the families of railroad workers injured or die while on the job to receive compensation. As Supreme Court Justice William Douglas explained, FELA “puts on the industry some of the costs of the eyes, legs arms, and lives that it uses in the pursuit of its business.” In the event of accident, illness or death, it is essential to have an incident report and official documentation. FELA requires the railroad to provide a safe workplace for its employees and to be accountable to them. The statute of limitations can stop the filing of a lawsuit if not filed within three years of the incident. It is crucial to speak with a lawyer that understands FELA laws and will be able to file your claim swiftly. Contrary to claims for worker's compensation, FELA lawsuits can be filed both in federal and state court. However, it's often easier to bring a lawsuit in federal court if the plaintiff's attorney has experience in the court of that. The time limit for FELA claims is different from the statute of limitation for workers' compensation. In most states, the lawsuit is required to be filed one or two years after the date of injury. In FELA claims the time limit is usually three years after the date of discovery of the injury or illness. This timeline can be extended in some cases depending on the date that the injury or disease was first identified or, if it is an occupational disease, the date that the disease was first recognized. A personal representative must be appointed by the decedent's estate to file a wrongful death lawsuit under FELA. Anyone else who files a claim lacks standing and could be susceptible to dismissal. In most FELA cases the plaintiff is required to show that the injury or illness was caused due to the negligence of their employer. The burden of proof varies considerably from what is required to win a negligence lawsuit. Even though a lawsuit can be filed in federal or state court, most FELA lawsuits are submitted to mediation and are settled before they reach trial. A FELA lawyer with experience can help you get the best possible outcome for your case by representing you at these pre-trial conference and mediations. A lawyer who has successfully defended FELA trials can ensure that the arbitrator or judge understands what's at stake for you or your family members. Pre-trial Conferences The process of filing suit is a daunting task for railroad workers who have been injured on the job. Although every case is unique many civil lawsuits follow the same general procedures. Bohrer Brady LLC's FELA lawyers can assist you in protecting your rights throughout the entire litigation process. If you're injured at work the first thing you should do is seek medical attention and inform your employer. Then, you need to contact an FELA lawyer or union representative. This will begin the legal process to establish the railroad's employer was negligent. In the beginning of the lawsuit, your lawyer will usually make a complaint to federal court. The complaint will describe your injuries and also the allegations against your employer. After the complaint has been filed, the investigation can begin. This is a crucial phase for the success of your FELA claim as it is at this stage when the parties often decide to resolve a portion or all of the issues using alternative dispute resolution options like mediation or an agreement negotiated. If, however, the parties cannot come to an agreement, or if the matter is not disposed of by motion, then the lawsuit will proceed to trial. Both sides will have lawyers present evidence and question witness before a jury or judge gives an award. In this instance the legal representative you choose can argue a strong argument for you to maximize your benefits and make sure you get the compensation you need to recuperate from your injuries. This decision may include damages for past and future lost wages, medical expenses and future pain and suffering, and much more.