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Injured Railroad Worker? Valuing Your FELA Claim for Settlement

Posted by Brad Ponder | May 22, 2024 | 0 Comments

Being injured on the job is a stressful and disruptive experience. If you're a railroad worker who was recently hurt due to a railroad company's negligence, the Federal Employers' Liability Act (FELA) may entitle you to compensation for your injuries. One critical question you might have is: how much is my FELA claim worth?

Understanding FELA Claim Value

Unfortunately, there's no one-size-fits-all answer to this question. The value of your FELA claim depends on several factors that impact the overall damages you may be entitled to receive.

Here's a breakdown of key elements considered when determining your FELA claim's value for settlement purposes:

1. Severity of Your Injuries:

  • Medical Expenses: Current and future medical costs associated with your injury, including doctor visits,treatment, medication, rehabilitation, and therapy.
  • Lost Wages: Past and future earnings lost due to your inability to work or work restrictions.
  • Pain and Suffering: Physical and emotional distress caused by the injury, including pain, discomfort, and emotional trauma.

2. Impact on Your Earning Capacity:

  • Long-term disability: Can your injury permanently affect your ability to perform your regular railroad job duties?

3. The Railroad's Negligence:

  • The severity of the railroad's negligence: Was the railroad's failure to provide a safe work environment blatant or minor?
  • Shared Fault: Did your actions also contribute to the accident? FELA operates under a comparative negligence system, meaning any fault you share in the accident will reduce your damage award.

4. Documentation is Key:

  • Evidence: Medical records, wage statements, accident reports, and witness testimonies play a crucial role in substantiating your claim and its value.

Negotiating a FELA Settlement:

Understanding the factors affecting your claim's value allows you to enter settlement negotiations with the railroad company from a more informed position. Here are some additional tips:

  • Consult with an Experienced FELA Attorney: A lawyer experienced in railroad injury law can assess your case, determine its potential value, and effectively negotiate a fair settlement that reflects the full extent of your damages.
  • Don't Settle Too Quickly: Give your injuries time to heal and gather all necessary documentation to support your claim value before accepting a settlement offer.

Ponder Legal Group: Your Trusted FELA Advocate

At Ponder Legal Group, we understand the unique challenges faced by railroad workers who suffer job-related injuries. Our dedicated FELA attorneys have a proven track record of securing maximum compensation for our clients.

Contact us today for a free consultation to discuss your case. We can help you determine the value of your FELA claim, navigate the settlement process, and fight for the compensation you deserve.

About the Author

Brad Ponder

Brad specializes in complex litigation, including class actions and mass torts in both state and federal court. He represents consumer and business owners in a variety of lawsuits, including class actions and high-stakes litigation against major corporations. 


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