Frequently Asked Questions
Common Personal Injury Questions%
- When is the best time to hire a lawyer?
- What happens after I hire a law firm?
- How do I know if I even have a case?
- What are the chances I'll have to go to trial?
- How much can I expect to get out of my case?
- What will it cost me?
Common Railroad Injury Questions%
- As a railroad worker, I have heard about the FELA, but exactly what is it?
- If I'm injured on the job, what do I recover?
- What do I have to prove under the FELA in order to be compensated?
- What if I was also at fault for my injury, am I out of luck?
- What happens if this is a re-injury and I settled my claim for the earlier injury a while back, can I still get compensation for the latest injury?
- How much time do I have to file a lawsuit under the FELA, and what happens if I'm too late?
- Do I really need an attorney? The claim agent says the company will be fair, and if I handle my own claim I'll save money doing so.
- How do I find out if my attorney is qualified to handle my case?
- What are your legal fees at The Law Office of Joseph J. Perez for railroad cases?
- Shouldn't I wait a little while before getting an attorney to see if I can work through my injury or see if it will go away?
- Is reporting my injury to the railroad really that important?
- Am I allowed to see my own doctor, and should I tell my doctor how I was injured?
Common Personal Injury Questions
Q: When is the best time to hire a lawyer?A: As soon as possible. If you've tried your best to resolve the matter on your own and run into a brick wall with the insurance company, the service department, the better business bureau, the consumer protection department, or the person or company at fault, then you need to keep in mind that there are time limits on your right to file a lawsuit. These time limits, called statutes of limitations, vary widely from state to state and also depend on the type of claim and the facts surrounding the case. Some time limits are only a few months long. If you wait too long and the time to bring a lawsuit passes, you can lose your right to bring a claim.
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Q: What happens after I hire a law firm?
A: Your case is screened and evaluated. Not all cases have merit or are necessarily worthwhile for a person to pursue. During the fact finding stage of the process, we gather accident and injury reports, medical records, wage loss information, interview witnesses, do medical and legal research, and, depending on the type of case, may have experts evaluate the evidence. If you have a meritorious case, more often than not, we will move your case toward litigation in order to avoid delaying trial if your case does not settle. Our experience has shown that delay doesn't settle cases, but a case coming to trial usually does.
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Q: How do I know if I even have a case?
A: A careful evaluation of the facts of each case will tell you. Even if you don't have a case, you will have the benefit of having valuable information and the peace of mind knowing that you did everything that you could to enforce your rights.
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Q: What are the chances I'll have to go to trial?
A: Many of our cases go to trial, but the vast majority of cases do settle. This is because companies simply will not pay a fair and reasonable settlement until it is certain that you have the evidence, the witnesses, and the lawyers to win your case at trial. Companies are not in the business of compensating you for top dollar. Have you heard an insurance company ever say that the amount of compensation you are asking for isn't enough, and you should get more? They are in business to save as much money as possible even if you have a meritorious claim.
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Q: How much can I expect to get out of my case?
A: Each case is different. The outcome of a case and the amount that is recovered depend on numerous facts and factors. What a case is reasonably worth depends on many things—liability, damages, where the case will be tried, the demeanor of witnesses, the quality of the lawyers who handle the case, and a multitude of other considerations that vary from case to case. That is why it is important to sit down and discuss your case with a lawyer.
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Q: What will it cost me?
A: With a contingent fee, you do not pay legal fees unless you recover. You are only responsible for the expenses associated with your case. Costs vary depending on the complexity of the case. For instance, the costs associated with bringing a medical malpractice or a products liability case to trial are almost always much more than the costs in a case where someone slams into the back of a car at a stop light.
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Common Railroad Injury Questions
Q: As a railroad worker, I have heard about the FELA, but exactly what is it?A: It is how railroad workers in this country recover compensation for on the job injuries, and it allows the worker to bring a lawsuit in either state or federal court and have a jury decide what is fair compensation. As one United States Supreme Court justice put it, the FELA was "designed to put upon the railroad industry some of the costs for legs, eyes, arms, and lives which it consumed in its operations."
The FELA is short for The Federal Employer's Liability Act, enacted by Congress in 1908 to allow railroad employees to recover damages when they are injured on the job. Unlike most state worker's compensation programs, which are generally no-fault in nature, under the FELA, an injured railroad worker must be able to show that the company was negligent, or at fault, and that the negligence played some part in causing the injury.
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Q: If I'm injured on the job, what do I recover?
A: Unlike most state workers' compensation programs that have set amounts depending on the type of injury suffered, an injured railroad worker is not limited to a predetermined or fixed amount for an injury. Depending on the circumstances, under the FELA, a railroad worker may recover past and future lost earnings, including lost wages and benefits; past and future medical expenses; past and future pain and suffering; and past and future physical injury, including impairment and disability.
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Q: What do I have to prove under the FELA in order to be compensated?
A: It must be an on the job injury, and some negligence on the part of the railroad, even if it is only very slight negligence, must play some part in causing the injury. In other words, if there is any fault at all on the part of the railroad in causing the injury, then the railroad is responsible for the injury.
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Q: What if I was also at fault for my injury, am I out of luck?
A: No, fortunately, in a FELA case, if the injured worker is partly at fault along with the railroad, then the total amount of the recovery is only reduced by the worker's proportional share of fault. So, for instance, if a worker was 10% at fault, and the total amount of recovery is $100,000, then that amount would be reduced by 10% to $90,000. An injured worker is barred from recovering only when the worker causes the injury solely and entirely, or the railroad isn't at fault at all.
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Q: What happens if this is a re-injury and I settled my claim for the earlier injury a while back, can I still get compensation for the latest injury?
A: If a railroad worker injures a part of the body that was injured before, then, under the FELA, the worker can recover for any aggravation or worsening of the previous injury. So, you can't recover for the previous condition, but if you can show that the previous injury was worsened as a result of the latest incident, then you may recover for the changed condition.
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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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Q: Do I really need an attorney? The claim agent says the company will be fair, and if I handle my own claim I'll save money doing so.
A: There are plenty of nice people out there who are railroad claim agents, but you have to understand that claim agents work for the railroad company, and not for you, and a claim agent's job is to save the company as much money as possible, and pay you as little as possible when you are injured. That's what claim agents are hired and trained to do. And they're good at it, too. As soon as you are injured, the claims department and the rest of the railroad swings into action, sometimes even while you are still in the hospital being treated, and it starts gathering statements, taking photographs, gathering medical records, and other evidence to hurt or defeat your claim. The claim agent isn't gathering information and taking pictures to help you, the claim agent is doing his job of trying to save the company money by making your claim look bad even if its not.
Sure, you can be penny-wise and dollar-foolish and try to handle your claim against the railroad company without the help of a lawyer. But can you really afford to? To make sure that you get everything the FELA says you are entitled to, what the law says you are entitled to, you need a lawyer and one that is experienced in the FELA and dealing with the railroad companies.
Look at it this way: When it comes to something as important as you, your livelihood, your family, and your well-being, can you really afford to place yourself in the hands of the railroad's claim agent to do what is right for you?
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Q: How do I find out if my attorney is qualified to handle my case?
A: Easy. Ask questions. Ask the lawyer about trial experience, the number of FELA railroad cases tried to verdict, and what kind of results he or she gets. Ask the lawyer to provide you with a copy of their verdicts. Just as there are many fine doctors, there are many good lawyers, too. But you wouldn't want your eye doctor doing your open-heart surgery, and likewise you wouldn't want a tax lawyer or divorce lawyer handling your FELA trial. Make sure the lawyer you select concentrates on railroad and FELA cases, and ask how many FELA trials the lawyer has been involved in.
If you hire a big law firm with several attorneys, are you getting the lawyer you want, or is your case going to be assigned to some other lawyer in the firm who you never heard of? Remember, when you hire a law firm, you are only getting as good a lawyer as the one who actually handles your case. So make sure the lawyer who works for you has the track record and experience you need and want.
Ask around at work about the lawyer. What do the lawyer's previous clients say? Ask the lawyer whether he or she can give you any references. Make sure the lawyer can give you and your case the time and attention that you deserve.
And what do other lawyers say? Check out the lawyer's legal professional rating with Martindale-Hubbell
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Q: What are your legal fees at The Law Office of Joseph J. Perez for railroad cases?
A: For all FELA cases, 25% of any recovery. If there is no recovery, there is no fee. You are only responsible for the eventual costs of the case. There are no fees, charges or obligations to talk to us to discuss a problem or a possible claim. Please feel free to call or e-mail us now from this website.
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Q: Shouldn't I wait a little while before getting an attorney to see if I can work through my injury or see if it will go away?
A: No. It does not pay to wait to obtain legal advice. Even if your claim ends up being a small one, or one that you decide not bring at all, you should speak with an attorney as soon as possible after your injury. In FELA cases, proper handling of your case from the very beginning is as important as obtaining proper medical care, because your rights need to be protected. Many times evidence disappears or witnesses' memories fade while you wait. In the meantime, the railroad is doing everything it can to defeat your claim. Also, there are time limits to bring a lawsuit. If a case isn't filed in time, you lose your right to bring your claim.
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Q: Is reporting my injury to the railroad really that important?
A: Yes, it is. You should always try to report an on the job injury to your supervisor as soon as reasonable possible, and then tell your union representative. Most company rules and labor agreements require it and you can be disciplined if you don't. Some companies will fire employees for even late reports. It is too risky not to. Filling out the injury report is the first step in the claim process. Make sure that you note when, where, why and how the company was at fault. Was it an unsafe condition? Was it defective equipment or tools? Not enough help? Make sure the information in the report is accurate and that all the truth is included before you sign it, especially if your supervisor fills it out for you.
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Q: Am I allowed to see my own doctor, and should I tell my doctor how I was injured?
A: Yes to both questions. Often the railroad will steer you to one of the "company" doctors on its list, because those doctors are known by the railroad to say and do what the railroad wants, and not necessarily what is best for the injured employee. The company can require you to be examined by its doctor, but you should seek treatment from a doctor unrelated to the railroad, and who has your best interests and well-being at heart, and not the railroad's. It is important that your physician fully understand the type of work that you do on a daily basis. The doctor can usually treat you better if he or she understands how you were injured and what your job requirements are.
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