How to File a Railroad Lawsuit
Chemical solvents are a part of the daily work environment for many railroad workers. If you have leukemia and suspect that your workplace exposure could be the cause, you could be eligible for compensation.
Unlike workers' compensation claims, FELA lawsuits allow plaintiffs to receive unlimited damages. Find out more about FELA claims and how to file your claim.
Benzene Exposure Lawsuits
Benzene is a petroleum-based compound, is found in gasoline and diesel fuel. It is a light yellow or clear liquid that turns into a dangerous vapor once exposed to air. It is used in the manufacturing of rubber, chemicals and paints. It can also be used as solvents to clean equipment and remove grease from machines. Railroad workers are often exposed to or utilize these toxic chemicals as part of their duties.
Workers exposed to benzene during work can develop leukemia and cancers. Bladder cancer lawsuit of the symptoms include fatigue and loss of appetite nausea, vomiting hair loss, and general feeling of sickness. The patient may also experience loss of memory and difficulty in concentrating.
If a person is diagnosed with one of these diseases the worker can sue his or her employer under the Federal Employers Liability Act. To be eligible for damages, a worker must prove that their job and exposure to a chemical was a significant cause.
Workers who have been exposed to benzene are able to also file wrongful death claims against their employers. Wrongful Death damages can cover funeral expenses funeral costs, burial expenses, emotional distress, and pain and suffering. These damages are usually calculated using the same methods that workers receive FELA compensation.
FELA Lawsuits
Railroad companies are known for exposure to carcinogens such asbestos, diesel exhaust and lead. Unfortunately this puts former railroad workers at greater risk of developing serious occupational illnesses such as mesothelioma or lung cancer. They have the option of suing for compensation for their injuries. The Federal Employers Liability (FELA) Act permits workers to sue employers under a legal framework that is different from traditional workers' compensation programs.
Unlike workers' comp statutes, FELA is a fault-based law that requires workers to prove their employer's negligence was a factor in their illness or injury. If a worker can prove that the negligence of a railroad business caused their injury, they are entitled to damages for their losses. This includes claims for medical expenses, lost wages and pain and suffering.
Railroad companies typically employ aggressive and sophisticated legal strategies to fight these claims. They can include arguments that the sick former worker can't pinpoint any specific instance of ill-health exposure to toxic substances, and cannot identify a manufacturer of equipment or parts that contained harmful chemicals and toxins. A knowledgeable FELA attorney with a specialization in railroad injury claims can defend against these defenses. Bladder cancer lawsuit can also discover evidence of the railroad's negligence from many sources, including third parties.
Class Action Lawsuits
A class action lawsuit permits plaintiffs 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 instance, BNSF Rail Company). The "class" is a group of individuals who have similar claims. In class cases, a single court decides the case for the entire group. This is more efficient than pursuing many individual lawsuits.
If you are a member of the Class, you may be entitled to compensation for your medical expenses, lost earnings, suffering and suffering loss of enjoyment of life and other damages. Additionally, you could be entitled to damages for wrongful deaths if your loved one died from the leukemia that was caused by railroads.
Railroad companies are bound to provide a safe working environment for their employees. Unfortunately, many railroads fail to comply with this requirement and employees are exposed to toxic industrial solvents and diesel exhaust while at their work. This could lead to cancer and other health issues.
The Court has confirmed the Class and is preparing for trial. The Court hasn't decided whether BNSF violated BIPA or what money you could receive or receive, if any. If and when the Court decides to rule to rule in your favor, you will be advised about how to obtain any money or benefits. You can determine if are eligible to claim by examining the documents available on this site. This includes the Court's order to certify the class, the second Amended Complaint filed by the Plaintiff, as well as BNSF's answer to the Second Amended Complaint.
Bladder cancer lawsuit involving Wrongful Death
In cases where someone has died because of another's negligence, the family of the deceased may file a wrongful death lawsuit. This type of claim seeks to compensate the deceased's economic losses as well as their loss in companionship and affection, and any other personal pain. The surviving family members are compensated for the loss and costs they'll face in the future. A wrongful death suit can be brought by the victim who died's spouse, children, siblings, parents, nieces and nephews or anyone else who was financially dependent on them at the time of the accident.
In the event of a fatal railroad crash an wrongful-death lawsuit can claim the railroad company is responsible for the death of a loved one. A lawyer for train accidents can help a victim's family get the maximum settlement amount.
For example when a wrongful demise lawsuit that involves the crash of a train, an attorney can review the facts of the case, such as accident reports and physical evidence. Attorneys can also utilize expert witness testimony, in addition to other sources to create the strongest case.
In a recent wrongful death case, a widow filed a lawsuit against BNSF over the death of her husband at a railroad crossing in Pontotoc County. The widow claimed that BNSF was not able to provide sufficient warnings. She argued that the crossing was not equipped with automated gates and that the flashing lights were not reliable indicators of an approaching train. BNSF filed pretrial motions, arguing that federal law preempted widow's claims. The court denied BNSF's motions.