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Every year, hundreds of people are killed and even more injured in train accidents. If you or a family member were among those affected, you could be entitled to compensation for what you have gone through. Sometimes these accidents are caused by the railroad company or by the train operator; however, there are other cases where the accident was out of their control, such as a technical error, defective design, or a collision with a motor vehicle. To determine the correct cause of an accident, you need a personal injury lawyer in Coral Gables, Florida.
In regards to filing a lawsuit, there are two categories of people: railroad workers and train passengers. Railroad workers are covered by the Federal Employers Liability Act (FELA). This act was established as a legal mandate to require employers to provide their employees with compensation should they be harmed while on the job. The second category of people who may be able to make a claim are passengers. They must file individual claims and be able to prove that the owner was responsible for the accident. Examples of cases that could be covered include: negligence, derailments, collisions, fires, and more.
Federal agencies and national Acts have been instated for the specific purpose of regulating the accidents and injuries that occur on the job in states throughout the U.S. For railroad employees, the Federal Employers Liability Act (FELA) protects workers who are injured on the job by requiring that the responsible railroad carrier be held liable for the employee who suffered while on the job. The same liability applies to families of a railroad employee whose life was taken from him or her in an on-the-job accident.
Railroad workers who are injured on the job stand the best chance at recovering the compensation that they both need and deserve if they have professional legal representation on their side. It's an unfortunate fact that FELA awards are not administered automatically. Rather, the injured party must prove that the railroad owner or operator was in some way negligent in order to make a successful claim. Although difficult, this process is most certainly doable, and it can be extremely rewarding because FELA compensation tends to be significantly more than the typical benefits associated with Workers' Compensation claims.
Despite the high standards to which railroad employers are held by the FELA, there continue to be many instances in which railroad companies exhibit noticeable hesitation when it comes to taking responsibility for an accident and / or injury that occurred. All too often, the legal bindings to which railroad companies and employers are held do not seem to serve as reason enough for such entities to step up and shoulder the costs of the mistakes that led to the specific accident.
The problems facing injured railroad employees are even more exacerbated by the fact that many of the federal agencies that have been tasked with the regulations and enforcement of the FELA requirements do very little to actually ensure that these responsibilities are upheld. In fact, according to the Department of Transportation Office of Inspector General (OIG), less than one percent of all railroad accidents in the United States are investigated by the Federal Railroad Administration each year, as depicted by reports from 2002-2004.
Victims of train accidents, whether they are workers or passengers, can be left with catastrophic injuries and disabilities. If you were among those injured or if you lost a loved one, you could be entitled to compensation in order to cover medical expenses, lost income, and more. Mesa Law Firm has the experience and skill necessary to protect your rights and look out for your best interests. We have 15 years of experience, and focus on handling Coral Gables personal injury cases.
Our founding attorney, Joseph A. "Tony" Mesa, III, has been named as a Super Lawyers®, Florida Trend's Florida Legal Elite™ and Martindale-Hubbell, a "Superb" (10 out of 10) rating by Avvo® and his name has also appeared on Florida Trend's Florida Legal Elite™ list of "Up and Comer[s]". Learn more by contacting our firm today!