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How Federal Employer Liability Act (FELA) Lawsuits Are HandledWhen it comes to FELA injury claims, the process generally is similar to personal injury lawsuits. Your legal representative and your employer will thoroughly investigate the incident before negotiating a settlement.This is why hiring a skilled FELA attorney is essential. A successful claim could result in reimbursement for medical expenses, lost wages and non-economic damages like suffering and pain.Statute of LimitationsThe Federal Employers Liability Act (FELA) that was passed in the year 1986, provides railroad workers with greater protections than state laws governing workers' compensation. Workers compensation claims must be filed and handled by the state in which the injury occurred, but FELA claims can be filed in any US court. As with all legal claims, it is essential to know the law and how it applies to your particular case.One of the most important aspects of a FELA case involves the statute of limitations. A statute of limitations is a time-frame within which a lawsuit can be filed or dismissed. In the majority of states, people are granted two to three years in which to file a civil lawsuit for personal injuries caused by the negligence of another party. The FELA statute is much shorter. 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 known that their injury was due to their railroad job.This three-year window is important, because if a worker injured or the family member of someone who has died misses it, they lose the right to pursue a lawsuit. The legal system enforces these deadlines strictly, and exceptions are rarely made. This is why it is crucial for an injured railroad worker or the loved one of a deceased worker to seek the assistance of an experienced lawyer immediately following their accident.In the vast majority of FELA lawsuits the injured worker will be entitled to recover damages for medical expenses, lost wages and suffering and pain. These damages are available for severe injuries, such as broken bones or torn muscles, as well occupational diseases such as mesothelioma or other cancers. A FELA claim could also contain compensation for ancillary costs related to the injury such as transportation to and from work.fela claims railroad employees of a successful FELA case is a thorough record of the damage incurred in the course of the injury. This documentation must include medical reports describing the severity of the injured person's injury as well as its connection to the workplace incident. It is also important to collect as much information regarding the incident at work, including witnesses who can be able to testify about the truth.In the event of death, a payout is paid to the surviving spouse or children of the deceased. In most cases, a maximum of 300,000 dollars of wrongful death benefits will be paid to the surviving spouse and child. This amount can be increased if an family member can prove that the death was caused by a breach of a federal safety regulation or law.Statute of ReposeWhen railroad workers get injured or killed in the course of their work, the Federal Employers Liability Act (FELA) allows for their families to claim damages. As Supreme Court Justice William Douglas explained, FELA "puts on the industry some of the costs of eyes, legs arms, and lives that it uses in the pursuit of its business."If an injury, illness or death occurs, an incident report, bill and official documents, along with other evidence are important to show that the railroad company was the one responsible for the injuries. FELA requires railroads to provide a safe workplace for its employees and to be accountable to them.If a lawsuit isn't filed within three years after the incident the claim could be out of bounds by the statute of limitations. It is essential to speak with a lawyer who understands FELA law and who can file your claim promptly.Unlike worker's comp claims, FELA lawsuits can be filed both in state and federal court. It is much easier to file a suit in federal court when the plaintiff's lawyer has experience in this area.The statute of limitations for FELA cases is different from those of workers compensation claims. In the majority of states, lawsuits must be filed within a period of one or two years from the date of the injury. In FELA claims, the time frame is typically three years from the date of the discovery of the injury or illness. In certain circumstances, this timeline may be extended depending on the date of discovery or in the case a disease, the date when it was first diagnosed as being related to work.To file a wrongful death lawsuit under FELA the personal representative must be named by the estate of the deceased. Anyone else who files an action may be dismissed if they lack standing.In most FELA lawsuits the plaintiff is required to prove that the injury or disease was at least partially due to the negligence of the employer. The burden of proof is much less than that required to succeed in a regular negligence claim.Even though a lawsuit may be filed in a state or federal court system, the majority of FELA cases are settled via mediation before trial. A FELA lawyer who has experience can help you achieve the best possible outcome for your case by representing you at mediations and pre-trial conferences. An attorney who has tried FELA cases can ensure that the arbitrator or judge knows what is at the stake for you and your family.Pre-trial ConferencesThe process of filing suit can be a bit daunting for railroad workers who have been injured in the course of their work. While every case is different, most civil lawsuits follow the same basic steps. Bohrer Brady LLC's FELA lawyers can help protect your rights throughout the litigation process.If you are injured at work The first thing you need to do is seek medical attention and inform your employer. You should then contact a FELA lawyer or union representative. This will initiate the legal process to prove that your railroad employer was negligent.During the first phase of the case, your lawyer will typically make a complaint in federal court. The complaint will include details about your injury as well as allegations against your employer. Once this is done the investigation will commence.This phase can be the most crucial aspect of your FELA claim, since it is usually at this point that parties will agree to resolve all or a few issues in the case by alternative dispute resolution methods, such as mediation or a negotiated settlement. If the parties are not able to come to an agreement or not resolve the issue via motion, the lawsuit will proceed.Both sides will have lawyers present evidence and interview witnesses before a judge or jury decides on an award. In this instance the legal representative you choose will be able to present a convincing argument for you to maximize your benefits and make sure that you receive the compensation needed to cover the costs of the injury. This decision may include compensation for future and past medical expenses, lost wages as well as future pain and suffering, and many more.