Shapiro, Lewis & Appleton
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I cannot tell you about most of my best results against Norfolk Southern (NS) and CSX when a FELA case ws resolved in favor of an injured railroad worker because the companies have almost always made my clients sign confidentiality agreements as a condition of the settlement.
When I first started working as a Virginia railroad accident lawyer more than a decade ago, the settlements did not normally have to be kept secret at the request of the railroad. Rail workers who had their cases settle often discussed with other employees who were still on the job how much they got for a given injury, whether they had suffered a herniated disc in their back, a broken ankle or a dislocated shoulder. This made it easier for railroad workers to compare one case with another because the former and current employees would share information about how much the railroads were willing to pay to resolve a given case.
In recent years, all of the major railroad companies operating in Virginia (VA) -- Norfolk Southern, CSX Transportation and Amtrak -- have required confidentiality as part of any settlement release papers. These secrecy provisions state, in various ways, that if the railroad worker tells anyone how much money he or she received, the railway corporation could sue to ask for the money back. So I can't put on my website the details of my most-recent clients' settlements. The railroads learned that they could control information in this manner and, therefore, require it. The companies typically will not settle any case unless the client agrees to keep the financial terms of the resolution quiet.
The good news is that because I am with a firm that has several other experienced FELA lawyers on staff, my colleagues and I can share information about past cases amongst ourselves. When I want to evaluate what a given case is worth, I often go and talk to either Rick Shapiro or Randy Appleton, both of whom have been helping railroad workers in accident and injury cases for decades.
This tactic of controlling information is not limited to railroads,of course. Many big companies work to prevent folks from knowing what they have done that was unsafe and led to a payout to an injured employee. For example, in product liability wrongful death cases against car manufacturers, automakers tightly control the information they give out about their vehicles' crashworthiness if the cars or trucks did not perform like they should have. Another example is tire manufacturers who closely control, through confidentiality agreements, the compensation numbers in tire blowout and tread failure cases.
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Learn more: As Virginia and Carolina attorneys specializing in FELA and railroad injury law, we offer hundreds of pages of information to help you learn your rights and recover compensation if you've been hurt on the job, riding trains or crossing rail tracks. You may find our list "What Not to Do After a Railroad Accident" especially helpful.
About the Editors: Shapiro, Lewis & Appleton is a Virginia injury law firm whose attorneys focus on personal injury and accident law and have handled hundreds of Federal Employers' Liability Act claims for railroad workers hurt or made ill while doing their rail jobs. We also have represented many people injured in train accidents. Please take a few moments to review our railroad injury case results. Our primary offices are in Virginia Beach and Hampton, VA, but we're ready to come to you anywhere in Virginia if you've been seriously hurt by someone else's carelessness.
Rick Shapiro and James Lewis have been included among the Best Lawyers in America since 2008, and have been named Virginia Super Lawyers for Personal Injury Law since 2010. Fewer than 5 percent of lawyers are chosen for this professional honor.
In addition, we were the first injury law firm in Virginia to join Primerus, a select group of highly ethical and respected law firms. Our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill. Our attorneys have even been included in the National Million Dollar Advocates Forum since 2009.
We would like to send you one of our free reports about railroad injury and FELA cases, including Dos & Don'ts When Injured at a Railroad: Your FELA Rights and What Railroad Claim Agents Agents Won't Tell You (But You Must Know).
While not every injury case meets our criteria, we offer a free initial confidential injury case consultations, so call us toll free at (800) 752-0042. If you cannot get through due to high call volume, please leave a voicemail so we can return your call.