Comparative negligence works this way in practice: after all arguments in a FELA lawsuit are heard, the jury will make its findings as to who should be held legally responsible for the railroad employee's injuries. This is usually done by assigning some percentage of fault to the parties involved, and this percentage will correspond to the damages awarded to the plaintiff. For example, if the jury determines that the railroad company and/or employer were 75% to blame for the employee's injuries while the employee himself was 25% at fault, and that plaintiff's total damages amounted to $100,000, plaintiff will receive $75,000 from the defendant(s).

Getting Help With a FELA Claim

If you or a loved one has suffered an injury while employed as a railroad worker, you should contact an attorney as soon as possible, to ensure that your legal rights are protected.

When a lawsuit for a railroad worker's injuries is brought under FELA, the end result often does not involve a court trial. Many times FELA cases are taken to mediation before they ever reach trial, or are resolved through settlement conferences that can be ordered by the court. In both mediation and settlement conferences, an experienced attorney will represent and protect your legal interests. It is especially important that you meet with an attorney before the railroad company holds any type of hearing regarding safety and liability issues arising from the incident, as these proceedings can seriously affect your case. A knowledgeable attorney will represent you and protect your rights at every stage of your FELA claim, to make sure that you receive all compensation to which you are entitled.

Find an experienced personal injury attorney near you here.