
As an injured railroad worker, the Federal Employers’ Liability Act (FELA) empowers you to take legal action against your negligent railroad company employer. With this, you may attempt to recover financial compensation for the bodily injuries and subsequent damages you incurred in the aftermath of your railroad accident. But before you can get to this point, you must lay down a lot of groundwork. That said, please follow along to find out the types of damages you can recover from your FELA claim and how one of the proficient FELA lawyers at Hildebrand McLeod & Nelson LLP can help with your initiative.
What types of damages can I recover from my FELA claim?
It is unjust for you to suffer financial losses after a railroad accident due to no fault of your own to begin with. This is why we encourage you to seek recovery for any or all of the following applicable damages from your FELA claim:
- Payments for your current and future medical bills for your injuries.
- Payments for the earnings you could not collect due to your injuries.
- Payments for your lost future earning capacity due to your disability.
- Your lost enjoyment in the life you once led before your injuries.
- Your lost quality time with your loved ones due to your injuries.
- Your physical pain and mental distress caused by your disability.
How challenging is it to successfully recover these damages?
It is worth mentioning that a FELA claim only requires you to prove that your railroad company employer’s negligence played some role in causing your accident and subsequent injuries and damages. This differs from a standard personal injury case, as the smallest amount of employer negligence may make you eligible to recover damages.
However, you should know that most Western U.S. states follow the comparative negligence system. Meaning, the amount of financial compensation you receive may be directly affected by the percentage of fault you had in the accident event.
How long do I have to attempt to recover these damages?
According to FELA, the statute of limitations for bringing forward a FELA claim is typically three years from the date of your railroad accident. Let’s say, though, that you have a cumulative stress injury that was not prompted by a specific accident event but rather surfaced after years of working on the railroad. Well then, this three-year period may begin when you knew or should have reasonably known that you have this injury.
Overall, it is in your best interest to kickstart this claim sooner rather than later. This is because the sooner you do so, the sooner you may receive the financial relief that you so desperately need for your injuries and damages.
In conclusion, before entering the legal arena, you must retain the services of one of the talented FELA lawyers. Reach out to Hildebrand McLeod & Nelson LLP today.