Our Areas Of Practice

Personal
Injury
Workers’
Compensation
Wrongful
Death
Insurance
Settlements
and Mediation

Railroad Injuries
(FELA) And
Retaliation

Frequently Asked Questions About Railroad Injuries

The Federal Employers Liability Act (FELA) provides financial protection for injured railroad workers and their families. Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O., has over 150 years of collective attorney experience in personal injury and FELA cases.

If you have questions about this complex system and how to protect your claim, call our Omaha and Lincoln offices at 402-817-2717 or toll free at 800-655-9606 to schedule a free initial case consultation today.

Will The Railroad Pay All Of My Bills?

It depends upon your situation. If the railroad is able to prove that you were partially responsible for your injury, they may use the comparative negligence defense. If successful, you will be assigned an exact percentage to which you are determined “at fault” for your accident. The railroad would be responsible for the other portion of damages. For example, if you were determined to be 20 percent at fault, the railroad would pay 80 percent of the determined damages.

Can Family Members Collect Benefits Under FELA?

If you lose a family member in a railroad accident, you may be able to collect compensation on their behalf. Typically, benefits are provided to a spouse and children, but parents and other family members may claim benefits if the deceased individual does not have a spouse or children.

Are All FELA Cases Decided In Litigation?

No. Regularly, cases are decided through mediation, arbitration or an alternative style of negotiation. The court only decides FELA cases when negotiations fail to resolve the case. Our trial attorneys prepare all cases thoroughly and are ready to represent clients in court if necessary. However, we employ the method that is able to secure the best outcome for our clients in the most cost-effective manner.

Is There A Deadline To File A Claim?

Typically there is a three-year statute of limitations during which you must file a FELA claim. Failure to file your claim within this period of time may disqualify you from compensation. It is best to speak with a lawyer immediately after your accident to assess your case and discuss ways to protect your claim.

Can I Afford An Attorney?

FELA cases are addressed on a contingency basis. You only pay our attorneys if we secure benefits for you. You do not pay anything if we are unsuccessful.

Attorney’s fees for whistleblower claims can be awarded by the court after a successful trial in your favor. In that case, the railroad will be responsible for some or all of your attorney fees.

Contact Us For Knowledgeable Representation

If you were injured in a railroad injury, you deserve knowledgeable representation to pursue maximum compensation. Our experienced attorneys will carefully evaluate your case to ensure that you have the best possible chances for success. Call our firm at 402-817-2717 or toll free at 800-655-9606 to schedule a free case evaluation. You may also email us today. Located in Nebraska, we also represent injured clients throughout Iowa.
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Rated by Super Lawyers Martindale Hubbell | AV Preeminent | Peer rated for highest level of professional excellence 2017 AV PeerReviewRated | For Ethical Standards And Legal Ability AV PeerReviewRated | For Ethical Standards And Legal Ability ABA - Defending Liberty Pursing justice NATA

What Our Clients Say

The lawyers and support staff at Atwood Law Firm showed me sincere interest and caring on a very personal level, and I knew at all times my interests were front and center in all aspects of my workers' compensation case. This office is staffed by a great group of people. You can relax and be assured that your welfare comes first and foremost in their decisions and actions with respect to your legal case. You are kept aware of the process and progress in your case at all times, and your input is welcomed. I highly recommend the Atwood Law Firm to anyone needing legal assistance.

- WN

I cannot thank you enough for the peace of mind you have brought to my family! Both of my parents are extremely grateful for your work. I knew we were in good hands from the first meeting and you have exceeded all my expectations! It may feel straightforward to you, but to us, you have moved mountains. This settlement will allow my parents, particularly my Dad, to enjoy the rest of their lives to the fullest of their abilities. We all agree that we would give every cent back and more for my Dad to walk again, but that is not going to happen...

- DW

"...He didn't treat me like I was one of 100 clients. He treated me like I was his only client. He acted professionally but with empathy, dignity and friendliness. It didn't matter if it was something small or large, he was always there for me, be it by phone, fax, email, cellphone or meeting me personally at his office or elsewhere. He never rushed me when I didn't understand something, he'd take as much time as needed to explain things to me, especially when it came time for my deposition and in preparation for trial. He was there for me when I truly needed his help..."

- CG

"...My husband and I felt his kindness immediately and were both very impressed with his knowledge of what to expect in a wrongful death case. He pursued our claim in an aggressive manner while at the same time being very protective of our rights and privacy and sheltered us from any unnecessary contact with insurance agents, or any other adverse parties. My husband and I cannot say enough about the kindness, professionalism and legal ability demonstrated by Atwood, Holsten, Brown, Deaver & Spier Law Firm, P.C., L.L.O."

- RD

"...If it were not for this law firm all I would have received from this injury would have been a loss of income check and a pat on the back, goodbye. Which only would have been a fraction of what I actually received. He was always professional but more importantly he cared about me and my family as people not just a client. He went beyond his role as my lawyer. He even spoke with my bank and explained why I was behind on my car payment. And this saved me getting my car repossessed..."

- HR

Get A Free Consultation Now

Get Help Today. Call Us At 800-655-9606

Omaha Office
14301 First National Bank Parkway
Suite 100
Omaha, NE 68154

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410
Atwood Holsten Brown Deaver Spier
Lincoln Office

575 Fallbrook Boulevard Suite 206
Lincoln, NE 68521

Toll Free: 800-655-9606
Phone: 402-817-2717
Fax: 402-476-4410