what is a railroad lawyer?

A railroad lawyer handles all legal matters related to railroads and federal transportation laws. These lawyers are also known as the Federal Employers Liability Act (FELA) lawyers, as they handle claims that originated from that act. A FELA lawyer has experience helping railroad workers gain compensation in railroad disputes.

Full Answer

What is associate attorney?

An associate attorney is a junior attorney who works at the direction of a partner. If you go to a lawyer, you will usually meet with the partner, and maybe an associate. A firm with one or two associate attorneys is fine. That means the information will be closely shared and there are good lines of communication. But too many different people means the message gets lost. It also usually means the grunt work, which unfortunately is where much of success comes from, is done by someone without enough experience to know how or where to push for the buried treasure.

What does it mean to sell a lawyer on a big number?

Click here to find out more about determining the value of your case. 3. The lawyer who promises or guarantees an outcome of your case.

Do trial lawyers guarantee outcomes?

A trial lawyer will tell you there is no such thing as a promised outcome. Juries are notoriously unpredictable. As an attorney, you certainly do what you can to limit the variables, but in the end there is no guarantee. Evaluating options and taking calculated educated risks is what trial attorneys do. But no seasoned trial lawyer will guarantee an outcome. Nor should you ask for it, if you have been educated as to what to expect. Click here to learn more about the risks of going to trial.

Can an attorney give free advice?

An attorney who won't give you free advice. One of the things I do daily is talk to workers about potential cases and help them sort out their FELA injury or whistleblower questions, without charging a dime. That's because neither I, nor the worker, knows right away if their case should be persued.

Can a lawyer answer questions for free?

Any lawyer worth his or her salt will give some time to answer questions, for free.

Need to Hire a Railroad Lawyer? Your 7 Point Checklist

You’ve been injured on the job and you have never hired a railroad lawyer before. How do you choose the right one?

1. Knows the difference between railroad trucks and a Chevy

In other words, someone who speaks your language. You work in a specialized industry, full of jargon and acronyms. If you work in a shop and work on trucks, you don’t want someone who asks if you are a Ford or Chevy owner. If you’re a signalman, you need someone who knows that bonds have nothing to do with friendship.

2. Knows the right documents to make the case

Should there be car inspection records documenting maintenance? Should there be FRA required testing forms? Did the carrier receive documents as a member of NORAC or the AAR that prove it knew about the issue? Does the lawyer known of prior similar claims that prove notice of the dangerous condition? These are the leg up you need, but only an experienced FELA lawyer will know to have them..

4. Knows the players

It’s not enough for an attorney to listen to your explanation; he or she has to present it clearly to a jury. To do that requires knowing people in all aspects of the rail industry. An experienced attorney will know who the carrier will use to defend the case. They’ll know who makes the final call on case value.

5. Has tried cases to verdict against the railroad

The fact is, there are trial lawyers and there are litigators. Trial lawyers are the front line, they know what it takes to win and just as importantly, what is likely to get you tossed out of court empty-handed. You want a lawyer whom the carriers know will go the distance, all the way through a verdict.

7. Who only represents rail workers

The fact is, lawyers have become as specialized as a coffee order. A railroad lawyer can handle a car accident case, but not vice versa. FELA lawyers know the FELA law that uniquely protects you. There are so many details, special traps, special rules that can be used to your benefit.

What is railroad law?

However, particular to railroads, therefore properly thought of as “Railroad Law,” is litigation in two areas of law: highway/railroad grade crossing litigation and occupational injury litigation under the Federal Employer's Liability Act (FELA), 45 U.S.C. §51, et seq.

What are the classes of railroads?

The major (“Class I”) railroads in the United States, of which there are fewer than ten, and the multitude of regional (“Class II”) and short line (“Class III”) railroads consume types of legal services that might be needed by any business enterprise, e.g. real estate, environmental, government relations, or property law. Depending on facts and circumstances, they also can be subject to administrative worker compensation systems such as state worker’s compensation programs, the federal Black Lung Benefits Act, or the federal Longshore and Harbor Workers' Compensation Act.

What are the intersections between railroads and highways?

Intersections between railroad traffic and highway traffic exist all over the country and are frequently the scene of collisions that result in serious personal injury and property damage, and commensurate litigation. Various provisions of state and federal law along with principles of physics, acoustics, and semiotics affect grade crossing litigation that make it an area of specialization.

Can railroads be sued for FELA?

A railroad whose business activity affects interstate commerce can be sued under the FELA by its employees who suffer injury from work that is performed in further ance of interstate commerce. Effectively, this includes most railroads and all of their employees. Claims under the FELA are brought in lieu of claims under state workers’ compensation systems. The types of injuries for which railroads are sued under the FELA include “ traumatic” injuries that occur from one or a few incidents and occupational diseases that are claimed to result from a long series of exposures to the disease-causing activity or substance. The FELA has been in effect for more than 100 years, and a specialized body of law has grown up around litigation under the Act.