Railroad Injuries Lawyers If you've suffered an injury while working for an railroad, you could be entitled to damages To safeguard railroad workers and their families from injuries and accidents The Federal Employers Liability Act FELA was enacted in 1908 Our firm can help understand your rights and get the compensation you're due FELA cases require extensive investigation and gathering of evidence FELA It is essential to get in touch with an FELA lawyer as soon as you are injured in a train accident The care taken by a lawyer who is experienced in these cases will help ensure that you receive the financial compensation you deserve The FELA is a special law passed by Congress which provides protection to railroad workers who suffer injuries or killed in the course of their work The FELA was created to safeguard workers who are exposed to greater-than-average hazards As opposed to workers' compensation claims unlike workers' compensation claims, a FELA lawsuit is based upon a lower standard of liability This means that the employer has to be negligent, or at a minimum partially, responsible for your injuries This means that you will have to prove that your employer, or someone connected with the railroad was at fault for your injuries The amount you receive will be reduced accordingly FELA covers injuries to the body, but not just physical This includes memory loss, depression and anxiety, as well as diminished performance When looking for a FELA attorney to represent you in your case, make sure that the firm is experienced in defending FELA cases before federal and state courts This is important as it will ensure that the FELA attorney you choose has a solid knowledge of federal and state law and can defend your rights in court A FELA claim is more complex than a regular workers' comp claim This is because it takes longer to determine the severity of permanent injury This can be particularly true if you have suffered an injury to your back that is serious and requires surgery An FELA attorney can assist you decide whether or not to pursue your claim in court It is essential to swiftly gather evidence after an accident to maximize your chances of success Ideally, this will include video or photographic documentation of the scene and witnesses It is also essential to keep your medical records and any other documents connected to the incident Statute of Limitations There are many important matters that railroad injury lawyers must be aware of The statute of limitations is among the most crucial issues railroad attorneys who handle injury cases must think about It is a law which defines the time frame for which the lawsuit must be filed following the date of an injury A statute of limitations was utilized in the past to safeguard defendants from unfair legal actions This was due to the fact that evidence and evidence would disappear after a certain period of time Furthermore, the memories of witnesses are prone to blurring over time , making it difficult for them to recall the events While the FELA statute of limitations is three years, there are exceptions to this rule It is essential to talk to an attorney as soon as you can after your accident If you are waiting too long to pursue your claim the case could be dismissed and you will receive no compensation Limitations can also impact the timeline for discovery The discovery process must be completed before the deadline runs out This is especially true in cases where the culpable defendants haven't been identified immediately Another limitation is the timing of medical treatment A worker may have multiple illnesses or injuries, but only one will be responsible for their injuries https//vimeocom/708712422 could cause problems for the injured party who may not be able to prove that their current condition is the result of their previous occupational injuries or accidents A third limitation relates to claims against government entities, such as the railroad Different statutes of limitation apply in different cases to claims involving industry property and government property These limitations, regardless of their source, can be a major burden for railroad workers who have to file their claims promptly It is important to have an experienced railroad injury lawyer represent you in your case Railroad investigators and claims representatives are experts in personal injury law for railroads They are able to use their knowledge to reduce your recovery For instance they could attempt to create written or recorded statements that do not accurately reflect the details of your accident and place the entire responsibility on you Duty of Care You could be eligible for compensation when you or a loved member have been hurt on the railway Railroads are usually a frequent carrier and owe passengers a high degree of care The duty of care is the legal concept that individuals owe other people an obligation to avoid harm, and that includes avoiding actions that could be unjustifiably put others in danger This law is applicable to both public and private entities For example railroad employees have a duty to maintain a safe workplace and provide employees with reasonably safe conditions If a railroad fails to provide this, and a worker is injured, the worker may bring a negligence suit against the railroad under FELA Railroads also have a duty to keep its crossing surfaces free from dangerous conditions This includes keeping tracks free of ice and snow, which can cause unsafe working conditions for employees The company should eliminate these hazards prior to sending its employees to work in these areas A railroad is also required to inform drivers and pedestrians of the potential dangers at crossings This includes warnings that a train could be moving towards a crossing which could result in injuries to anyone who crosses the track Railroads have another duty of care to make sure that passengers are seated properly in their trains and securely secured A person who is not able or unwilling to secure their seat, or when the doors of the train aren't securely shut, can suffer serious injuries in the event of an accident Additionally the train operator or railroad company is responsible to verify the safety of passengers prior to and after they embark on a train For instance in the event that a person's feet is caught in the gap between the platform and the train the train conductor must remove the person from the train A seasoned personal injury lawyer can help you file an action for damages if you or someone you love were injured in a railroad accident Ressler amp; Tesh attorneys have an extensive knowledge of these laws and will fight for your rights to pursue damages For a free consultation contact us today Damages Train accidents can be a devastating and difficult experience for all affected Many suffer life-altering injuries that can cause them to suffer for a long time If you've been injured in an accident involving trains It is essential to hire a railroad accident lawyer to help you make a claim to recover damages for your injuries An experienced railroad accident lawyer can help you assess the severity of your injuries, value your claim and keep evidence They can conduct investigations, speak with insurance companies, and also represent you in court A skilled train wreck lawyer can take care of the tedious work so you can focus on healing You could also be eligible to recover non-economic damages , such as suffering and pain, as well as loss of consortium These damages are more difficult to quantify, however they could play a significant part in calculating your overall compensation You could be eligible to recover under the Federal Employers Liability Act FELA If you were employed on an railroad In accordance with this law, railroads are responsible for ensuring that their employees have safe working conditions They are also required to provide safe equipment, tracks and shops FELA is different than workers' compensation in that it permits you to sue your employers directly and not rely on state workers' compensation benefits It is crucial to understand that you can only sue your employer if you are able to prove their negligence Picking an attorney who is not afraid to challenge large railroad companies and their insurers is important to increase your chances of obtaining the justice you deserve Railroad injuries are a complex area of law A reputable New York railroad injury attorney can assist you in navigate FELA and other relevant laws to ensure you receive maximum compensation for your injuries