FELA Lawsuit Lawyer

Comparative Negligence and FELA

The Federal Employers Liability Act (FELA), first established in 1908, allows injured workers to seek damages using a system called comparative negligence. The advantage of such a system is that it allows the plaintiff to receive compensation, even if the injury was partly due to their own actions. That is to say, if a plaintiff asks for $100,000 in damages, and it is determined that he or she is 50% responsible for the injury, he/she is still entitled to half of the $100,000. Compare that with a system of contributory negligence, in which a plaintiff who contributes in any way to his/her injury is automatically barred from receiving any compensation at all.

Of course, such a comparative system is necessarily more subjective, and the jury is faced with the task not only of determining whether there was negligence and how much actual damage was caused, but also the degree of responsibility for each party. The good news, for plaintiffs, is that 75% of FELA cases which go to trial are awarded to the plaintiff. Because of this, the majority of FELA lawsuits are settled out of court. However, it takes an average of 22.5 months from the filing of the suit until the trial, and many railroad companies do not seriously consider settling the case until fairly close to the trial date.

In order to get fair compensation for your injuries, contact an experienced FELA lawyer at Williams Kherkner today for your free consultation.