The statute of limitations for Federal Employers Liability Act (FELA) claims do not vary across jurisdictions. Rather, across the board, plaintiffs are allotted three years from the date they received an injury due to a railroad accident event. However, as it might be with you, sometimes there is not an isolated event that causes an injury; the nature of your railroad work may have caused you to develop one over time. With this, the enforced statute of limitations may not align, and you may have to claim the discovery rule before proceeding any further in your legal action. Without further ado, please continue reading to learn how the discovery rule might apply to your FELA claim and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help make it work.
How might the discovery rule apply to a FELA claim?
Simply put, the discovery rule refers to the argument that the three-year statute of limitations for your FELA claim should track back to the date you discovered, or should have reasonably discovered, your injury or illness incurred from your railroad work. This is instead of three years from when an actual railroad accident happened.
In other words, you may claim that you were reasonably unaware of the extent of your injury or illness until well after you retired from the railroad or a specific incident. The discovery rule is most commonly claimed amongst plaintiffs who receive cancer diagnoses later on in life. Specifically, years of exposure to asbestos, diesel exhaust, or other dangerous chemicals may cause retired railroad workers to get lung cancer; but this cancer type may take years or even decades to develop and subsequently pinpoint.
What happens if I cannot get the discovery rule to apply?
Importantly, different jurisdictions may have varying interpretations on when a plaintiff should have discovered or reasonably discovered their injury or illness. Therefore, the courts may accept or deny claims to the discovery rule on a case-by-case basis.
This is all to say that you must be diligent in taking care of your health during and after your time on the railroad. This means going to annual physical examinations and seeking immediate medical attention as soon as you detect a shift in your health. Also, you should save abundant evidence of your medical records, which may establish the general timeframe you had enough knowledge and understanding of your injury or illness.
Ultimately, even after all this, the court may deem the discovery rule inapplicable. Should this occur, and should three years have already passed from your railroad accident event or even your final work shift, your FELA claim may be dismissed effective immediately. You may not get a second chance to redeem financial compensation for your medical bills and other damages associated with your health issues.
If you need legal representation fast, one of the skilled FELA lawyers is prepared to step up. The team at Hildebrand McLeod & Nelson LLP looks forward to meeting you, working with you, and helping you.
