It seemed like a straightforward claim. An on-the-job slip and fall between railroad ties that were missing 16 inches of ballast resulted in a low back injury. Five weeks of physical therapy and a prescription for anti-inflammatories and pain medication, and the employee was ready to try to work again.
“I slipped on ice on an unsalted walkway on my way into work. (The parking lot had been cleared, as had the sidewalks, but the walkway in the parking lot itself was not treated).
How do I calculate the value of my case? How much is my back injury worth? How much can I get for my knee injury?
They're all valid questions I get from railroad workers who get hurt on the job. Unfortunately there isn't one answer. Every injury, every worker, every situation is different. From the severity of your injury to your degree of fault, there are a thousand of variables that will impact the value of your case.
Whether an injured worker suing the railroad for negligence or a whistleblower suing the company for retaliation after reporting a safety hazard, my clients always ask, “Should I settle?” There is no hard and fast formula when facing a legal battle. There’s a balance of risk and reward involved in every case. The key to any battle, of course, is knowing when to accept the other side's surrender.
In this post I’ll answer some of the commonly asked questions about settling versus holding out for a jury verdict, to help you understand the best course of action for you.
ATTORNEY ADVERTISING - Prior results don’t guarantee a similar outcome in your claim. This website and blog are for informational purposes and do not constitute legal advice, since only after knowing the details of your claim can any advice be provided. Please understand that particular laws vary by state. You must speak directly with an attorney about your situation to determine what laws apply.