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 & Israel 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?
- Can family members collect benefits under FELA?
- Are all FELA cases decided in litigation?
- Is there a deadline to file a claim?
- Can I afford an attorney?
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.