The Steps Involved in Handling FELA Claims/What to Expect
If you have been injured, and have us represent you, the process from that point is described below. What next steps do you need to take after you get an attorney? What might your case look like if it winds up in court? In this article, we aim to provide a quick and easy roadmap through the litigation process, so that you never feel like you are “walking alone.”
Phase 1: The Investigation
After your injury, the first step of the process is to fill out a report detailing the accident with your employer. However, as we advised above, before you speak to a Claim Agent or put pen to any sort of paper, we highly recommend you consult with a seasoned FELA attorney so that your rights are protected. If you want to call our national award-winning team here at Schlichter Bogard & Denton, the number is 800-873-5297 (800-USE-LAWS), or you can fill out an inquiry form on our website (https://uselaws.com/contact/). You will get a prompt response. Once we begin representing you, we will do an investigation of your case. We’ll ask the following questions:
- How did the injury occur?
- How was the railroad responsible for the accident? Were there unsafe procedures or unsafe equipment?
- What is the extent of your injuries, and how long are you expected to be off work?
- How were you financially/emotionally impacted by the injury?
Meanwhile, the Railroad will almost certainly claim that they are not at fault, and that you could have avoided the injury. They will challenge the extent of your injury, and time off work. We will guide you through this process. You should avoid saying anything about your injury or condition on social media during this time because the Railroad will look for that and try to use it against you.
Phase 2: Workup of the Case
After the case is filed in court, we will be getting information and documents from the Railroad and obtaining your medical records. The Railroad will also be sending written questions to be answered by you with our guidance. At some point, the Railroad will take your deposition, which is a question and answer process similar to a railroad investigation. We will fully prepare you for that, and will be present with you during the deposition, as with every step of the way.
Phase 3: Conclusion of the Case
Your case will usually end with one of two results -either a trial or a settlement out of court. If there is a trial, we will, of course, handle everything that needs to be done to protect your interests. The trial may last a few days or a little over a week., after which the jury will decide the case. We will put on evidence and witnesses which build the strongest possible case for you. Following trial, either party can appeal the verdict to a higher court, which could result in upholding the jury’s verdict, or a new trial.
You can rest assured that we will guide you seamlessly throughout the process, answering any questions you may have and providing you with recommendations regarding the best path forward every step of the way. We are proud of the results we have obtained for our clients and of the unmatched track record we have built in fighting successfully for railroad workers.
Article by Jerry Schlichter
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The information contained in this newsletter is provided for informational purposes only and does not constitute legal advice. Reading this newsletter and information contained herein does not constitute formation of an attorney-client relationship. Every potential case must be assessed in accordance with its unique facts and circumstances. If you believe you may have a legal claim, please request a free, confidential case evaluation with our team today.