WRONGFUL DEATH AND FELA
When railroad workers die from injuries while working for the railroad, their family or estate representative can file a lawsuit under FELA (Federal Employers’ Liability Act) to recover damages. The party filing the lawsuit is a personal representative of the decedent. This person is typically a spouse or close family member.
The time to bring a wrongful death claim is only three years from the date of injury or death.
A FELA attorney will first determine what the railroad did wrong, such as a safety violation, which caused the victim’s death. Once he or she has established the railroad’s liability, they will then determine what damages or compensation the victim’s family can pursue from the railroad.
The survivors under FELA can recover financial compensation for the following damages:
- The medical expenses the family incurred as a result of the victim’s death
- The funeral and burial expenses the family incurred as a result of their loved one’s death
- The financial losses the family will suffer because their loved one is no longer able to provide certain support to the family. This can include lost future wages, benefits, and services the victim would have provided for his or her family had they survived. Some of those services include household duties, childcare duties, and any other activities the loved one provided the family, which will now have to be done by someone else and paid for by the family
- The pain and suffering the victim experienced from their injuries before they died. This will include the fear of impending death and conscious pain and suffering.
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If you have lost a loved one on the railroad, we welcome the opportunity to speak with you and help you and your family through these difficult circumstances. Claims for your loss may be available under FELA (Federal Employers’ Liability Act). Please get in touch with our office or send us a live chat message to contact one of our FELA trial attorneys. Our consultations and case reviews are FREE with no obligation to you or your family, so please give us a ring!
Call us today for more information: 504.766-2200 or toll free 833.505.2122.
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