How to File a Railroad Lawsuit
Many railroad employees are exposed solvents every day. If you suffer from leukemia and suspect your exposure at work is the reason, then you may be entitled compensation.
Unlike workers' compensation claims, FELA lawsuits allow plaintiffs to claim unlimited damages. Find out more about FELA claims and how to file a claim.
Benzene Exposure Lawsuits
Benzene, a petroleum-based chemical can be found in gasoline and diesel fuel. It is clear or light yellow that vaporizes when exposed to the air. It is used in the production of chemicals, rubber as well as paints. It can also be used to clean machinery and remove grease. Railroad workers frequently handle or employ these toxic chemicals as part of their duties.
Workers who are exposed to benzene as part of their work can suffer from several serious adverse reactions, including leukemia and other cancers. The symptoms can include nausea, fatigue, and loss of hair. The patient may also experience loss of memory and trouble concentrating.
If a worker is diagnosed with one of these ailments or conditions, they may file a lawsuit against their employer under the Federal Employers Liability Act (FELA). In order to receive damages, the worker must establish that his or her work and exposure to the chemical was a major factor in the development of the illness.
Workers who have been exposed to benzene could also claim wrongful deaths against their employers. In the event of a wrongful death, damages may be awarded to pay funeral and burial expenses, lost future wages, emotional distress and suffering and pain. These damages are calculated in the same way that workers who receive FELA compensation are paid.
FELA Lawsuits
Railroad companies are notorious for exposure of workers to carcinogens, such as diesel exhaust, asbestos and lead. Unfortunately, this puts many former railroad workers at an increased risk of developing serious occupational diseases such as mesothelioma or lung cancer. Fortunately for them, they have the right to pursue a lawsuit to seek compensation for their losses and injuries. The Federal Employers Liability (FELA) Act permits these employees to sue employers under the legal framework distinct from traditional workers compensation programs.
Contrary to the statutes governing workers' compensation, FELA requires employees to prove that the negligence of their employer contributed to their illness or injury. If an employee can prove that the negligence of railroad companies contributed to their injury or illness and they have a right to compensation, they can claim damages. This includes claims for medical expenses, lost wages as well as pain and suffering.
However, railroad companies defend these claims with sophisticated and often aggressive litigation strategies. Lymphoma lawsuit can use defenses such as the argument that the former employee is unable to identify a specific instance in which toxic substances were exposed, and cannot identify a specific producer or product that contained harmful chemicals and toxic substances. A knowledgeable FELA attorney with a specialization in railroad injury cases can counter these defenses. They can also locate evidence of negligence on the part of the railroad from many sources, including third parties.
Class Action Lawsuits
A class action lawsuit permits one plaintiff to sue others who have suffered similar injuries. The Plaintiff who is known as"class representative "class representative," sues a company (in this case, BNSF Railway Company). The "class" is a group of individuals with similar claims. In class actions, a single court decides the case for the entire group. This is more efficient than having a number of individual lawsuits.
If you are a class member, you may be entitled compensation for medical expenses loss of wages, pain and discomfort as well as loss of enjoyment life, and other damages. You could also be entitled for wrongful-death damages if you loved one died of railroad-related leukemia.
Railroad companies are bound to provide a safe work environment for their employees. However, a lot of railroads fail to meet this obligation. Workers are exposed to toxic industrial chemicals and diesel exhaust working. This can lead to cancer and other health issues that can last for a long time.
The Court has approved the Class and is advancing towards trial. The Court has not yet made a decision whether BNSF violated BIPA or what amount of money or benefits you might be able to receive. You will be notified when and if the Court decides. You can determine if you are eligible to claim by looking over the documents on this site. This includes the Court's order to certify the class, the Second Amended Complaint submitted by the Plaintiff, as well as the BNSF response to the Second Amended Complaint.
Wrongful Death Lawsuits
In the event that someone has died due to a third party's negligence, the family members of the victim can file a wrongful-death lawsuit. This type of lawsuit seeks to recover the loss of the deceased's earnings as well as loss of companionship, affection and other personal pain. It also compensates the family members who survived for their losses and costs that will continue to be incurred into the future. The spouse or children, parents siblings, nieces, nephews, or anyone else financially dependent on the deceased may bring a wrongful death suit.
A wrongful death suit can be filed in the event of a fatal train crash to make the railroad company accountable for the death of a loved ones. A train accident attorney can assist the family of the victim receive the maximum settlement.
For example in a wrongful-death suit that involves the aftermath of a train crash an attorney could look over the details of the case, including accident reports as well as physical evidence. Lawyers can also rely on expert witness testimony and other sources to present the strongest case possible.
In a recent wrongful-death action, a wife sued BNSF for the death of her husband who was killed at a railroad crossing in Pontotoc County. The widow claimed BNSF did not provide adequate warnings. She argued that the crossing did not have automatic gates and that the flashing lights did not provide reliable warnings of an approaching train. BNSF filed motions for pretrial, claiming that federal law preempted widow's claims. The court denied BNSF's motions.