The Cartall Law Firm, PLLC | San Antonio, Texas
Railroad Accident Injury Attorney ● FELA Claim Process
The Federal Employers' Liability Act (FELA) is a law to protect injured railroad workers. At The Cartall Law Firm, PLLC, we represent injured railroad workers and their families. We pursue compensation for lost wages and future income. This page was designed for railroaders and their families to learn more about the FELA claim process. If you have been injured, we urge you to contact our railroad accident injury attorney. We will help you with the FELA claim process and work towards an acceptable outcome for your injuries and lost wages.
The FELA Claim Process
1. Our attorney will send an investigator to speak with you and gather necessary information.
The investigator will ask you to provide him the names of witnesses, their addresses and telephone numbers, and will visit the scene of your accident to take photographs and measurements of the area in which you were hurt.
2. The investigator will prepare a report regarding the scene of the accident and contact witnesses.
From the witnesses, the investigator will obtain written statements about the facts of the accident. He then turns his investigative materials over to our lawyer for the initial work-up of the case and liability assessment.
3. Our attorney assess your case.
Our attorney assesses the facts of your case in light of the investigative report and makes a determination regarding what witnesses and expert witnesses may be necessary to prove liability.
4. Experts are consulted.
Various experts such as economists (financial damages) and vocational experts (ability to do various jobs) are consulted.
5. "Maximum medical improvement" is reached and damages are assessed.
When you have reached "maximum medical improvement" and your damages can be properly assessed, your case will either be settled or a lawsuit will be filed to recover your damages.
6. Settlement negotiations begin / deposition are taken.
Most cases are settled before trial, but if a lawsuit is necessary you will have your deposition taken to establish what the specific facts are in your case. The witnesses will also be deposed.
7. Court Ordered Mediation.
As a final step before trial, all courts will order the case to mediation. Mediation is an informal settlement conference conducted by a neutral third party mediator. The mediator’s job is to point out the strengths and weaknesses of each side's case and encourage settlement. Only about 2% of FELA cases actually go to trial.
To learn more about the FELA claim process and how we can help you, contact our FELA attorney to schedule a free consultation.
Representing injured railroad workers and their families. Free consultations.