Practice Areas

• Personal Injury Law for Tidewater Virginia and Virginia Beach
• Truck and Tractor Trailer Accidents
• Nationwide FELA Representation for Railroaders
• Legal Help in Virginia for Burn Survivors
• Slips and Falls
• Brain Injury
• Amputation & Dismemberment Injuries
• Arm & Shoulder Injuries
• Pedestrian and Bicycling Injuries
• Ankle and Knee Injuries

Q: How much time do I have to file a lawsuit under the FELA, and what happens if I'm too late?

A: Under the FELA, you must be file your lawsuit in the court within three years of the date of the incident and injury. If you don't file within three years, then you can't recover for that injury. In situations where the date of the injury isn't readily apparent, like in occupational disease cases or where the injury may occur over a period of time, then the case must be filed three years from the date that the person knew, or reasonably should know, that the injury was related to the work. If a lawsuit is not filed in the three year period, then the claim is barred by the statute of limitations, and whatever rights the worker had to recover are lost forever. If another party is involved in the injury along with the railroad, for example, a taxicab company, a trucking company, or another person, then the statute of limitations for them may be different, and shorter. In some cases, the period is only a year. That is all the more reason to consult with an attorney early about your claim.

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Questions

Common Railroad Injury Questions

• What if I was also at fault for my injury, am I out of luck?
• What do I have to prove under the FELA in order to be compensated?
• If I'm injured on the job, what do I recover?

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Helpful Links

• Other Resources
• Transocean rig explosion