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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 thoroughly investigate the incident before negotiating settlement options. This is why hiring a skilled FELA attorney is vital. A successful claim may result in reimbursement for medical expenses as well as non-economic damages like suffering and pain. Statute of Limitations The Federal Employers Liability Act (FELA) gives railroad workers with additional protections than those provided by state laws governing workers' compensation. While claims for workers' compensation are filed and processed in the state in which an injury occurs, FELA claims can be filed with any court in the United States. But, just like fela lawsuit settlements is essential to have a clear understanding 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 limitation is a deadline within which a lawsuit may be filed or barred. In most states, people are granted between two and three years in which to bring a civil lawsuit for personal injuries that were caused through the negligence of a third party. The FELA statute is much less. In the majority of cases, a person must file a FELA claim or lawsuit within three years from the date on which they realized or ought to have known that their injury was related to their job at the railroad. This three year window is vital because if a person who has been injured or the family of the deceased worker misses this deadline, they'll lose the right to sue for damages. The legal system enforces deadlines and rarely makes exceptions. This is the reason it is vital for railroad workers injured or a loved one of a deceased worker to seek the help of an experienced lawyer immediately following their accident. In the vast 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 available for both severe injuries, such as broken bones and torn muscle, as well occupational diseases like mesothelioma, among other cancers. A FELA claim could also include the reimbursement of ancillary expenses related to the injury such as transportation to and from work. The most important aspect of the success of a FELA case is the thorough documentation of the damages incurred in the course of the injury. This evidence should include medical records describing the severity of the injured person's condition and its connection to the workplace incident. In addition, it is essential to collect as much information about the workplace incident and the circumstances surrounding it, including witnesses who can verify the facts of the case. In the case of death, compensation is paid to the surviving spouse or children of the deceased. In the majority of instances, the surviving spouse and children will receive the maximum amount of $300,000 in wrongful death benefits. This amount may be increased in the event that heirs can prove that the death resulted from a violation of an federal safety law or regulation. Statute of Repose The Federal Employers Liability act (FELA) permits the families of railroad workers injured or die 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 even lives that it consumes while pursuing its business.” If an injury, illness or death occurs the incident report, bills or official documents, as well as other evidence are necessary to show that the railroad company was the one responsible for the injuries. FELA also requires that railroads provide its employees with a safe and secure place to work in and also requires it to be accountable to its employees. If a lawsuit isn't filed within three years of the accident, it could be exempted from the statute of limitations. It's important to contact a lawyer that understands FELA laws and can file your claim promptly. Unlike worker's comp claims, FELA lawsuits can be filed in both state and federal court. It's generally easier to file a lawsuit in federal court if the plaintiff's attorney is familiar with the jurisdiction in which they are. The statute of limitations for FELA claims is different from the workers' compensation statute of limitations. In most states, the lawsuit is required to be filed one or two years after the date of injury. However in FELA claims the time frame is typically three years from the date the injury or disease was discovered. The time frame can be extended in certain circumstances depending on the date that the injury or disease was first discovered, or, if it's an occupational illness, the date the disease was first recognized. To file a wrongful-death suit under FELA, a 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 most FELA lawsuits, the plaintiff is only required to prove that the injury or disease was at least partly due to the employer's negligence. The burden of proof varies substantially from the requirements to win a negligence claim. Even though a lawsuit could be filed in a federal or state court system, the majority FELA cases are settled through mediation before trial. A FELA lawyer who has experience can help you get the best possible result for your case, by representing you at these pre-trial conference and mediations. An attorney who has handled FELA cases can ensure that the arbitrator or judge knows what is at stake for you and your family. Pre-trial Conferences The process of filing suit can be a bit daunting for railroad workers who have been injured while on the job. Although every case is unique, there are general steps that most civil lawsuits follow. Bohrer Brady LLC's FELA lawyers can help protect your rights 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 need to make contact with a FELA lawyer or union representative. This will begin the legal process of proving the negligence of your railroad's employer caused the injury. During the first phase of the case the lawyer will usually make a complaint in federal court. The complaint will describe your injuries and also the allegations against your employer. Once the complaint is filed, the investigation will begin. This phase can be an essential element of your FELA claim, since it is often at this point that the parties will come to an agreement on how to resolve all or a portion of the issues in the case by alternative dispute resolution, such as mediation or a negotiated settlement. If the parties are unable to come to an agreement or not resolve the matter by motion, the lawsuit will continue. Both sides will have lawyers present evidence and question witness before a jury or judge gives a verdict. In this instance the legal representative you choose can argue a strong case in order to maximize your benefits and make sure that you receive the compensation needed to recuperate from your injuries. This may include compensation for past and future medical expenses, lost wages as well as future pain and suffering, and much more.