How to File a Railroad Lawsuit
Many railroad employees are exposed solvents on a daily basis. If you suffer from leukemia and suspect your workplace exposure is the cause, then you may be entitled to compensation.
Unlike workers' comp claims, FELA suits allow plaintiffs to receive damages in unlimited amounts. Learn more about FELA claims and how to file your claim.
Bladder cancer lawsuit is a petroleum-based compound that is found in diesel fuel and gasoline. It is clear liquid or light yellow that vaporizes when exposed to the air. It is used in the manufacture of rubber, chemicals and paints. It can also be used to clean machines and remove grease. Railroad workers often handle or work with hazardous chemicals as part their work.
Workers exposed to benzene during work are at risk of developing leukemia and cancers. These symptoms include nausea, fatigue, and hair loss. The patient may also experience loss of memory and difficulty in concentrating.
If the worker is diagnosed one of these ailments and suffers from one of them, they can file a lawsuit against their employer under the Federal Employers Liability Act (FELA). In order to receive damages, the employee must prove that their work and exposure to the chemical was a significant contributing factor to the development of the illness.
Workers who have been exposed can also file wrongful death lawsuits against their employers. Damages for wrongful death can be used to cover funeral costs funeral costs, burial expenses, emotional distress, and suffering and pain. These damages are typically calculated using the same methodology as workers who receive FELA compensation.
FELA Lawsuits
Railroad companies are well-known for exposing their employees to carcinogens such asbestos, diesel exhaust and lead. This sadly puts many former employees of railroads at risk threat of developing serious occupational diseases like mesothelioma or lung cancer, as well as kidney cancer. They have the option of suing for compensation for their injuries. The Federal Employers Liability Act (FELA) permits the workers to sue their employers under a distinct legal framework than traditional workers' compensation programs.
Contrary to the statutes governing workers' compensation, FELA requires employees to prove that their employer's negligence led to their illness or injury. If an employee can prove that negligence by the railroad company was responsible for their illness or injury, they are entitled damages. This includes claims for lost wages, medical expenses and pain and suffering.
However, railroad companies defend these claims with sophisticated and often aggressive litigation strategies. These defenses can include the argument that the worker cannot identify an exact instance where toxic substances were exposed and cannot name a manufacturer or part that contained harmful chemicals and toxins. A FELA attorney with experience in railroad injuries lawsuits will be able defend these arguments. They can also uncover evidence of negligence by the railroad from many sources, including third parties.
Class Action Lawsuits
A class action lawsuit permits a plaintiff to sue on behalf of others suffering similar injuries. The Plaintiff also referred to as"class representative" or "class representative", sues a business (in this case, BNSF Rail Company). The people who have similar claims are referred as the "class." In the case of a class action, a judge resolves all concerns for the entire class. This is more effective than individual lawsuits.
If you are a class member, you could be entitled to compensation for medical expenses as well as lost wages, discomfort and pain, loss of enjoyment in life and other damages. You may also be entitled to wrongful death damages if your loved one who passed away from leukemia related to railroads.
Railroad companies are bound to provide a safe working environment for their employees. Unfortunately the majority of railroads fail comply with this requirement and employees are exposed to harmful industrial solvents and diesel exhaust at their work. This can lead to cancer and other long-term health problems.
This Court has granted the Class certification and is preparing for trial. It has not yet decided whether BNSF violated BIPA or what amount of money that you may be eligible to receive. If and when the Court decides to rule the matter, you will be informed regarding the process to get any money or benefits. The documents on this website, which include the Court's Order to certify the Class and the Second Amendment Complaint filed by the Plaintiff, and BNSF's Answer to the Second Amended Complaint, can help you determine if have an entitlement.
Lawsuits involving Wrongful Death
The family of the victim can file a lawsuit in the event that a person was killed due to negligence of another. This type of lawsuit seeks to compensate the deceased's economic losses and their loss of friendship and affection, as well as any other personal suffering. It also compensates surviving family members for their losses and costs that will continue to be incurred into the future. A wrongful death lawsuit may be brought by the victim who died's spouse, siblings, children parents, nieces, nephews or anyone who was financially dependent on them at the time of the accident.
In the event of a fatal railroad accident the wrongful death lawsuit can hold the railroad company responsible for a loved one's death. A lawyer for train accidents can assist the family of a victim get the maximum settlement amount.
An attorney may review the evidence in a lawsuit for wrongful death involving a train accident, including accident reports or physical evidence. Attorneys can also make use of expert witness testimony as well as other sources to present the strongest case.
In a recent wrongful death action, a widow sued BNSF over the death of her husband at an intersection in Pontotoc County. The widow claimed that BNSF failed to provide adequate warnings. She claimed that the crossing was not equipped with automated gates and that the lights that flashed didn't provide accurate warnings that a train was approaching. BNSF filed motions for pretrial, claiming that federal law preempted widow's claims. The court denied BNSF's motions.