Where you go to trial isn’t as simple as the court nearest to where you live. Lawsuit locations are influenced by several factors and, this might surprise you, your FELA attorney actually has a say in which court you land. And if your lawyer is strategic, that location could improve your outcome.
Topics: Basic steps to filing a fela lawsuit, FELA recovery, FELA injury
SCUBA, LASER and LCD are all acronyms. Acronyms are meant to help us reduce long, well known (but hard to manage) names like Health Insurance Portability and Accountability Act to something memorable and simple, like HIPAA. (Oh yeah, that form I sign at the doctor...)
Topics: FAQs on the job injuries, PEB, FELA v Workers' Comp, FELA injury, NTSB, how to file a claim against railroad, Thoughts on the legal industry
If you’re like most railroad workers, you’ve never had your deposition taken. Depositions are a key component of the legal process. This is where a lot of the surrounding facts concerning your lawsuit will be revealed.
Topics: how to hire a railroad lawyer, Basic steps to filing a fela lawsuit, FELA injury, how to file a claim against railroad, trials
If you get hurt in a train yard in Kentucky can a lawyer in New York represent you? He sure can. And in fact, the best lawyer for a rail worker’s injury is likely out-of-state.
Topics: Checklist for hiring railroad lawyer, Basic steps to filing a fela lawsuit, whistleblower, FELA v Workers' Comp, FELA recovery, FELA injury
When all you do for a living is sue passenger railroads like NJ Transit and freight carriers like CSX and NS, the calls start coming from clients and friends alike as soon as something like the Hoboken crash hits the news. Everyone asks me “What happened?”
If you were injured in the Hoboken NJ Transit crash on train #1614, you now have 89 days to file a claim or be forever barred from any recovery. Here is the way to do it.
NJ Transit is a public entity as defined in N.J.S.A. 59:1-3. Title 59, known as the New Jersey Tort Claims Act, is the controlling authority for how to proceed in an action for personal injury against a public entity. If you were injured on public property or by a public entity or public employee, i.e. on Train #1614, you MUST file a Notice of Tort Claim against that entity.
Topics: injured passengers, NJ Transit, Hoboken crash 2016
Brian is a 31 year-old LIRR electrician. Or at least he was until a portion of his ring finger on his right hand was severed in an on-the-job accident. He sued the railroad and after less than three days of trial, a jury awarded him almost $2 million for his injury and wage loss.
Topics: LIRR, FELA recovery, lost wages, FELA injury, wage loss calculator, trials, finger injury
What should I ask my doctor? How do I remember what my doctor told me? How do I tell the railroad what my doctor said?
Every week I get similar questions relating to the three-way conversation among your doctor, the railroad and you. It is a critical conversation that can have effects not just on the value of your case, but also on whether you have a case at all. To help with that conversation, and particularly because it is an area so foreign to most railroaders, I am making this form available for your download and use.
Topics: how to file your own injury claim, FELA injury, Medical forms
It isn’t like we haven’t all heard from our elders how we need more sleep. And our significant others have politely tried to tell us how haggard we look. We have noticed our short tempers, faulty memory and absent-mindedness when tired. The truth is poor sleep habits are the norm today. But on the railroad it isn’t just making people cranky, it’s setting the table for dangerous work habits.
Topics: Railroad safety issues, whistleblower, reporting safety concerns
Are you facing a Defense Medical Examination?
Also known as a DME, it’s a physical exam conducted of you, the plaintiff and injured railroad worker, by a doctor of the railroad's choosing for the purpose of helping the railroad defend against your claim.
Topics: FAQs on the job injuries
