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 conduct thorough investigations into the incident prior to discussing the possibility of settling It is for this reason that hiring a FELA attorney with experience is crucial A successful claim can result in the payment of medical expenses, lost wages and non-economic damages such pain and suffering Statute of limitations The Federal Employers' Liability Act FELA which was passed in 1986, provides railroad workers with greater protections than state workers' compensation laws While workers' compensation claims are filed and handled in the state in which an injury occurs, FELA claims can be brought to any court in the United States As with all legal claims, it is essential to know the law and how it applies to your situation One of the most critical aspects of the FELA case involves the statute of limitations A statute of limitations is a deadline that a lawsuit must meet before it can be filed or dismissed In the majority of states, it takes two to three years to bring a civil lawsuit for personal injuries resulting from the negligence of a third party The FELA statute is much shorter In most instances, a person has to submit a FELA claim or lawsuit within three years from the date they knew or ought to have known that their injury was linked to their job at the railroad This three-year window is important since if a worker injured or the family member of the deceased worker does not meet the deadline, they lose their right to sue The legal system enforces the deadlines and rarely makes exceptions This is the reason it is vital for a railroad worker injured or the loved one of a deceased worker to seek the help of an experienced lawyer as soon as they can after their accident In https//vimeocom/708103511 of FELA lawsuits, an injured worker is entitled to damages for his or her medical expenses, lost wages and suffering and pain These damages are available for both traumatizing injuries such as broken bones and torn muscles as well as occupational illnesses like mesothelioma and other cancers Additionally, a FELA claim could include compensation for incidental expenses resulting from the injury, for example, transportation costs to and from work The most important aspect of the success of a FELA case is a thorough record of the damage incurred in the course of the injury This documentation should include medical reports detailing the extent of the injured person's injury as well as its connection to the workplace incident It is also important to gather as much information about the incident at work as possible and witnesses who are able to provide evidence of the truth Finally, in the case of a death, compensation will be awarded to the spouse of the deceased and children of the deceased In the majority of cases, a maximum of 300,000 dollars in wrongful death benefits will be paid to the spouse of the deceased and children This amount may be raised in the event that heirs can prove that the death was the result of an infraction of a federal safety law or regulation Statute of Repose When railroad workers get injured or killed on the job, the Federal Employers Liability Act FELA makes it possible for their families to seek damages According to Supreme Court Justice William Douglas, FELA "imposes on the industry a percentage of the costs of eyes, legs hands, and even lives it takes in pursuing its business" If an injury, illness or death occurs, an incident report, bills, official documents, and other evidence is required to establish that the railroad was accountable for the injuries FELA also requires that railroads provide its employees with a safe place to work, and requires it to hold itself accountable to its workers If you don't file a lawsuit within three years from the date of the accident, it could be exempted from the statute of limitations It's essential to contact an attorney who understands FELA law and who can submit your claim quickly Contrary to claims for worker's compensation, FELA cases can be filed in federal and state courts However, it's usually easier to make a claim in federal court if the plaintiff's attorney has experience in that jurisdiction The time limit for FELA cases is very different from that of workers' compensation claims In most states, a lawsuit has to be filed within one or two years from the date of injury In FELA claims the time limit is usually three years following the date of the discovery of the injury or illness In some cases the time frame may be extended depending on the date of discovery or, in the case of an illness the date it was first recognized as being related to work A personal representative must be appointed by the decedent's estate in order to start a lawsuit for wrongful death under FELA Anyone who files a claim lacks standing and is subject to dismissal In most FELA claims, the plaintiff is only required to prove that the disease or injury was at least partly due to the negligence of the employer The burden of proof is different considerably from what is required to win a negligence lawsuit Although a lawsuit can be filed in a state or federal court, the majority of FELA lawsuits are submitted to mediation and get settled before they go to trial An experienced FELA attorney can help you achieve the best outcome for your case by providing the best representation possible in these mediations and pre-trial conferences An attorney who has been through FELA trials can guarantee that the arbitrator or judge is aware of what's at stake for you and/or your family Pre-trial Conferences The process of filing a lawsuit may be daunting for railroad workers who have been injured on the job While every case is unique however, there are some general guidelines that civil lawsuits generally follow The knowledgeable FELA lawyers at Bohrer Brady LLC can help ensure that your rights are protected throughout the entire process of a lawsuit If you've been injured while working The first step is to seek medical attention and inform your employer Then, you should make contact with an FELA lawyer or union representative This will begin the legal process to prove that your railroad employer was negligent During the initial phase of the lawsuit the lawyer will typically submit a complaint in federal court The complaint will outline your injuries and also the allegations against your employer Once this is done the investigation will begin This is a crucial phase for your FELA claim because it is at this stage that the parties usually decide to resolve a portion or all of the issues through alternative dispute resolution options like mediation or a negotiated agreement If the parties fail to reach an agreement or the dispute is not settled of by motion, then the lawsuit will proceed to trial Both sides will have attorneys present evidence and question witnesses before a jury or judge gives an award During this time, the right legal representatives will be able to argue your argument to maximize your benefits and ensure you get the compensation you need to recover from your injuries This could mean damages for past or future lost wages, future medical costs, future suffering and pain and so on