If my injury is partially my fault, can I still pursue a FELA case?

If you’ve been injured while working for a railroad company and believe your injury is partially your fault, you may wonder if you can still pursue a Federal Employers’ Liability Act (FELA) case. The answer is yes since FELA is what is known as a “purely comparative negligence” statute.

This means if a jury finds the railroad and employee both negligent in causing the employee’s injuries, it assigns the percentage the railroad and employees are responsible for the injury, and the verdict is reduced by the percentage of fault assigned to the employee.

FELA cases can be complex, especially when the injured worker shares some responsibility for the accident. Here’s an in-depth look at how partial fault can impact your case and why you should consult with an experienced railroad accident/FELA lawyer.

Comparative Negligence Standard

As mentioned above, unlike some other legal systems, FELA operates under a comparative negligence standard. This means that even if you are partially at fault for your injury, you may still be able to pursue a FELA case. However, your ability to recover damages will be affected by the degree of your fault.

Your recovery is reduced in proportion to your level of fault. For example, several years ago, our FELA law firm tried a case where the railroad said our client caused his injuries. The jury found that our client’s damages amounted to $5 million but that the client was 80 percent responsible for his injuries, so he received a reduced judgment of $1 million.

Proving Employer Negligence

To succeed in a FELA case, you must still establish that your employer’s negligence played a role in causing your injury. Your own negligence does not absolve the railroad company of its duty to maintain a safe workplace. It’s crucial to gather evidence demonstrating your employer’s negligence, such as safety violations, inadequate training, faulty equipment, or failure to provide a safe working environment.

Legal Representation

Given the complexity of FELA cases and the potential for disputes over fault, consulting with an experienced FELA attorney is highly advisable. An attorney can assess the strength of your case, guide you through the legal process, and ensure your rights are protected. They can also help you gather the necessary evidence to support your claim.

In many FELA cases, parties involved may opt for settlement negotiations rather than going to trial. Your attorney will play a crucial role in these negotiations, ensuring that any settlement reached considers your degree of fault and provides fair compensation for your injuries and losses.

If your case proceeds to trial, a jury will determine the negligence percentages assigned to you and your employer. The outcome can vary depending on the jury’s assessment, so presenting a compelling case with strong evidence to support your claims is essential.

Statute of Limitations

Remember that FELA cases are subject to specific statutes of limitations, which can vary depending on the circumstances of your case. Failing to file your claim within the prescribed time frame can prevent you from pursuing compensation. Therefore, you should consult an attorney promptly after your injury to ensure you meet all deadlines.

Our law firm has represented hundreds of railroad workers since the 1980s, handling their FELA claims throughout the eastern U.S.A., and one of our firm’s attorneys co-wrote the treatise: “Railroad Health & Safety: A Litigator’s Guide,” found in most of the nation’s law libraries.

 

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