Railroad Worker Injury:

The Court Process

After your injury, your employer or railroad company will require you to fill out a report about the accident. Soon after the incident, contact a FELA lawyer. The railroad company will then launch an investigation into the accident. Your FELA attorney will also conduct an investigation into your injuries, what occurred and who was at fault. Your employer, your attorney and yourself may then discuss the settlement of your FELA claim. If the claim is not settled, a civil action may be filed. This begins with a complaint and a Summons. The Complaint is a document that lays out the claims you have against the company. Once the Complaint is filed and served, the railroad company has to answer within a certain amount of time. This response will include any portions that the company agrees to and what defenses they have. In some cases, the parties can resolve their issues through Alternate Dispute Resolution. In many cases, one or both parties will try to get rid of the case by Motion. This occurs when both parties present to the court issues that are not in dispute. If the parties fail to reach an agreement, the case will go to trial. In FELA cases, a party can decide to have a jury. At the trial, each attorney will present their arguments and the jury or judge will decide the unresolved issues. Once a decision is made, the judge will order that judgment for the winning party. Either party can appeal the judge’s decision to a higher court, but it is unusual for a decision to be overturned.

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