One of the first steps taken when The Crow Law Firm interviews potential clients is to ask, "What did the railroad do wrong?" This question is important because, in a F.E.L.A case, liability is divided between the railroad and the injured employee. When considering a F.E.L.A. case there are three possible scenarios:
1. The injured employee has no fault - - the company is then 100% liable.
2. The injured employee is somewhat at fault -- a jury may be asked to assess the percentages and divide the liability between the railroad and the employee.
3. The injured employee is totally at fault - - the injured employee is then considered to be 100% liable and will not be able to recover anything from the railroad.
The above examples are very simplistic and certainly not meant to cover all possibilities. Liability is a very complex issue. That's why it is recommend that you contact The Crow Law Firm as soon as possible after an accident so we can evaluate your case. With our extensive experience and knowledge of the law and railroad operations, The Crow Law Firm can often point out liability that an ordinary railroad employee might not see, or even consider.
How important is it to establish that the injured party has no liability?
If it can be established that the injured party is not at fault, then he/she can recover certain financial compensation for the injury. If it is proven that the injured party is somewhat at fault, or wholly at fault, that financial compensation can be reduced substantially or even totally erased.
For example: John Railroader is injured on duty. He is unable to settle his case prior to going to trial. The jury awards John $500,000 as compensation for his injuries, but decides that he is 50% at fault. The railroad only has to pay John $250,000.
If the jury decides that John is totally at fault, he would receive nothing.
How is liability established?
The first step and foundation in establishing liability is the accident report form. Take this form very seriously. Make sure you give careful consideration to the answer to each question. If you can, contact your local union representative, or the Crow Law Firm, for advice and direction.
Liability is then established by thorough, rigorous, proactive representation and investigation by your law firm.
Are there times when the railroad is 100% at fault?
Yes, although the railroad would have you believe that every injury is self inflicted, there are many cases when the injured employee did nothing to cause the accident. Even so, carrier officers will often charge the injured employee with rules violations and hold formal investigations in an attempt to intimidate the employee and maybe develop proof of liability against the employee, even if they know the employee did nothing wrong!
Also, the government recognizes that there are some things over which the employee has little, or no, control. That is one reason for the "Safety Appliance Act" and the "Boiler Inspection Act." If an employee's accident was caused by a violation of either of these acts, the company is 100% liable.
What about settlement negotiations? Is liability part of the discussion?
When an attempt is made to settle a case prior to trial, liability plays an important part in negotiations with the railroads. If the railroad feels they can prove that the injured employee was partially or wholly at fault, that will become the basis for their argument to substantially reduce the amount of the settlement.
If you have heard of one of your fellow employees getting an unsatisfactory settlement or verdict, poor liability is often the cause.
How can you best protect yourself and insure that you receive a fair recovery?
The best way to protect yourself is to immediately contact union designated legal counsel and your local union officers. Early advice increases the probability of establishing liability and maximizing recovery. Even if you are undecided about hiring an attorney, it is still a good idea to contact counsel. The initial contact is free and you are under no obligation to the firm.
We can't speak for other firms, but during an initial consultation with The Crow Law Firm we will conduct a preliminary analysis of your case and give you a recommendation on how to proceed. In addition, we will make you aware of any statute of limitation issues. Following the initial meeting and upon decision to retain The Crow law Firm to represent you, an in-depth investigation of your case will be conducted. Rapid initial investigation is the key to establishing liability and law firms will typically not proceed without a signed agreement of representation.
The longer the period between the accident and the investigation, the more difficult it is to piece together the facts that establish liability. Our investigators will thoroughly investigate your accident and make sure evidence is preserved. Investigators will interview all of your fellow employees who might have information regarding the accident and, if necessary, preserve their memories through written or taped statements in order that important facts are not forgotten over time. If it is necessary to obtain evidence of ongoing safety problems, local and system union officers will be contacted and requested to review their records regarding complaints filed through their offices.
In addition, we will not allow you to give a statement to the claims agent.
The railroad is really treating you well and you don't want to sue them, why should you want to talk to Designated Counsel?
The management employees who are handling your case are acting in the best interest of the railroad. Their job is to make sure the cost of your accident is minimized. They are consulting with the railroads' lawyers on a regular basis and getting advice from them on how to do their job.
You may want to consult with someone who takes your interests to heart and gives you advice on how to make sure you get fair treatment and a fair settlement from the railroad.
"I'm a union officer. How do I make sure my member is protected when an injury occurs?"
The United States Supreme Court said in a 1964 decision, State of Virginia vs. Brotherhood of Railroad Trainmen , a union officer not only has a right, but a duty to make sure his/her members get proper legal advice from a qualified FELA attorney. A union officer should immediately contact designated legal counsel and request that they contact the injured party and advise him/her of their rights.
When injured, contact The Crow Law Firm as soon as possible. Liability cannot be produced out of thin air, but after evaluating your accident, we can often develop issues that put the liability firmly where it usually belongs .... on the railroad. We can explain how to properly fill out the accident report form and if you decide that it is in your best interest to give a statement to a claims agent, we can also advise you how to properly point out the company's liability in that statement.