Family Discusses Dealing With Mesothelioma That Took the Life of Their Rail Engineer Father
Federal Employers Liability Act (FELA) Statute of LimitationsThe FELA statute of limitations is three years. This means you must file a FELA claim within three years starting from the date the accident occurred. However,
A father, who spent close to four decades working for a railroad, was diagnosed with mesothelioma and, tragically, lost his life to the disease in less than three months.
The family suspected their father's mesothelioma was due to his consistent exposure to asbestos while he worked for the railroad. They decided to speak to FELA attorney Rick Shapiro after asking other rail workers who they would recommend to take on a railroad in court.
Not surprisingly, the railroad company's defense lawyers delayed and dragged out the process. The son even stated, "I really believe the Railroad was trying to delay until after my mother's death."
The case, which was litigated for over five years, finally came to a successful conclusion in 2010. In that time, Rick visited the family's home, develop a personal relationship with the family so he could better understand their needs and how they were struggling.
The son stated, "Never did I send an email or left a message in Rick's office that we did not get a speedy answer. The courtesy he extended to our family was unmatched by anyone in his profession." The family was appreciative of Rick's persistance. He appealed the lower judge's decision to a higher court and got that decision overturned with a unanimous decision, making the family's case a landmark case for other families struggling with the loss of a loved one who was diagnosed with mesothelioma.