railroad cases where the railroad won't contact my lawyer

How can I prove railroad negligence against my employer?

Since FELA is a federal law, injured workers may sue from anywhere the railroad accident occurred, including the state and federal courts. Claims under FELA can also be made directly to the railroad company responsible or to the employer that's responsible for your injury. Peter Higgins Law works with FELA claims and Amtrak injury cases beyond the state of Illinois and is …

Can you win a lawsuit against a railroad company?

Railroad Litigation. The Wolf Law Firm regularly represents Class I and shortline railroads. We have successfully handled FELA, grade crossing, trespasser, property damage, indemnity and insurance, real estate, and condemnation cases. Jeffrey Wolf has been recognized as a “Texas Best” and “Best Lawyer in America” in the practice area of railroad law.

Why hire a railroad lawyer?

Thornton Mostul, PLLC is the experienced, dedicated firm that you need to represent you in legal matters specific to the railroad industry. A significant part of our practice involves claims on behalf of railroad workers under the Federal Employers’ Liability Act and related statutes. The firm has handled railroad cases since at least the 1960’s and with current partners since 1982.

What are the health risks of working on the railroad?

At Coker Law, our experienced attorneys can help make sure the law works like it was designed: to help injured railroad workers and other people injured by the railroad industry. If you think you have a case , call a Coker Law attorney at (904) 356-6071 or …

What is a railroad conductor injury lawyer?

A railroad conductor injury lawyer can be invaluable in investigating the origin of illness or injury to railroad workers and identifying all potentially liable parties. If you are entitled to compensation for your work-related injury or illness, you are likely to need the help that only an experienced legal advocate can offer you.

What is FELA in railroads?

In recognition of the dangers associated with working in the railroad industry, Congress established the Federal Employers’ Liability Act (FELA). FELA provides compensation to railroad workers who are injured or become ill as a result of their work in some circumstances. A railroad conductor injury lawyer may be able to assist current or former railroad workers with any claims for compensation that they may have.

Where is John Cooper?

John Cooper has been working for decades with injured railroad workers in Virginia, North Carolina and across the United States. He has also helped people injured in railroad crossing cases and passengers in train wrecks.

Is FELA a dangerous job?

By their nature, railroads are dangerous places to work. FELA provides coverage for railway workers, allowing them to obtain compensation from their employer for any injuries suffered on the job caused by the railroad’s negligence. A lawyer in Virginia could determine if FELA covers someone’s injuries following a railroad accident.

What is the Federal Employers Liability Act?

Passed in 1908 and upheld today, the Federal Employers Liability Act is meant to protect and fairly compensate railroad workers who have been injured while on the job. For the FELA law to apply, the injured worker must prove that negligence by railroad was at least part of the cause of their personal injury.

The Importance of FELA Accident Lawyers in Houston

Richard Schechter has personally handled and tried a number of FELA cases filed across the state of Texas on behalf of railroad workers and their families.

Get Legal Representation from an Experienced Railroad Injury Lawyer

Richard Schechter has experience with several cases within the state of Texas, representing railroad workers and their families.

Is railroading dangerous?

Some work industries present more significant dangers for workers than others. The railroad industry can be one of the more dangerous sectors in which to work. If you or a loved one has experienced on-the-job injuries or illnesses while working for a railroad, you may need the advice of a railroad engineer injury lawyer.

Can railroad engineers get compensation?

Whether railroad engineers sustain injuries in a collision or develop medical problems over time from unsafe conditions, they may be able to seek compensation. A railroad engineer injury lawyer may be able to help facilitate the claims process and represent your interests if you have been injured.

What is railroad liability?

The liability of a railroad for injury to persons or property, whether to its passengers, to trespassers, licensees, and those on its rights-of-way and crossings depends on the usual showing of a breach of duty and proximate cause.19 Additionally, the usual defenses of comparative negligence and assumption of the risk are available to the railroad. Railroads are liable for injuries to individuals and property “damaged or destroyed, by the carelessness, negligence, or improper conduct of any railroad company or an officer, agent, or employee of such company, and/or by the running of the cars or engines of the company. . . .”20 Companies may not limit their liability.21

What is venue in a railroad case?

Venue in actions against railroad companies is in the county in which the injury occurred if the railroad maintains an agent in that county.1 Venue is jurisdictional in nature and cannot be waived.2 The railroad venue statute also contains a jurisdictional quality. O.C.G.A. §46-1 2(e) provides that: “In any cause of action described in this Code section, any judgment rendered in any county other than one designated in this Code section shall be void. The provisions of the railroad venue statute ‘are jurisdictional in their nature and cannot be waived.’”3 It should be noted that if the railroad in question was organized under the Georgia Business Corporation Code,4 the general venue statute for actions against corporations is the applicable statute.5 This allows the plaintiff to choose the county in which the event occurred, or

What is a FELA case?

FELA cases arise under and are governed exclusively by the FELA. The FELA and the decisions construing the FELA constitute the controlling federal law governing the issues raised in a case.121

What is wrongful death in Georgia?

Georgia wrongful death damages include the whole value of the life of the deceased which takes into consideration both the economic losses and the general loss of the joy of life.115 The FELA allows only the economic loss to those supported by the deceased worker, plus the loss of guidance and companionship to the minor children.116

What is the Georgia DOT grade crossing program?

The Federal Grade Crossing Safety Program specifies that a “public agency,” i.e. the Georgia DOT, makes the decision as to which crossings will be signalized. The complexities of the program are really not that important here. However, what is essential to understand is that once the first dollar of federal funds is spent at a crossing, the adequacy of the particular signal devices used at the crossing is a preempted question. This is because 23 CFR §646.214 displaces state and private decision making authority:

How long can a FELA case be refiled in Georgia?

The statute of limitations in FELA cases is three years.117 The Georgia statute permitting a case to be renewed within six months after discontinuance or dismissal does not apply in FELA cases.118 A plaintiff must be very careful with FELA cases. For example, a case premised on Georgia common law can be dismissed and refiled, within six months, in Georgia even after the statute of limitations has expired.119 However, if an FELA case is dismissed after the statute of limitations has expired, it cannot be renewed or refiled. The claim will be forever lost,120 and plaintiff’s counsel may be facing a very difficult malpractice claim.

What are the two railroads in Georgia?

As noted above, the two primary railroads in Georgia are CSX Transportation, Inc. and Norfolk Southern Railway Company. Both are foreign corporations and in most cases, initial suit in federal court is a possibility. FELA cases are not removable and thus the employee can