How The 10 Worst Railroad Settlement Lung Cancer Errors Of All Time Could Have Been Prevented
Railroad Settlements and Colon Cancer
Railroad workers are at greater risk for certain cancers because of exposure to toxic chemicals. They are exposed to diesel exhaust as well as other workplace toxins like silica sand and solvents.
Hughes Law Offices have won huge settlements and verdicts in these cases. Below are a few examples.
FELA Lawsuits
Workers who have been diagnosed with cancer as a result of their work regardless of their position on the railroad can submit a claim under Federal Employers Liability (FELA) Act. The law was enacted over a century ago and has assisted in holding railway companies accountable when employees are injured.
The law allows railroad employees who are injured to claim damages in the form of medical expenses, lost wages and discomfort and pain. bnsf injury settlements and suffering financial awards are indefinite. A FELA attorney will speak with the client and their family to get an understanding of the impact cancer has affected their lives. A consultation with oncologists and chemotherapy technicians can also be helpful.
A FELA case has the advantage of being filed in either state or federal court. Federal substantive law controls FELA claims, but federal courts have the discretion to apply common tort law principles in cases brought under FELA.
The main challenge facing the plaintiff in a FELA lawsuit is establishing the possibility of liability. Railway companies frequently employ the concept of comparative negligence to shift the burden of liability. However, with the assistance of a skilled attorney, an ex-railroad worker can triumph in the face of these challenges.
Medical Expenses
A diagnosis of cancer for a railroad worker could result in a variety of financial issues. Being diagnosed with cancer can require the employee to take time off from work. This could result in a loss of wages and higher costs for caregivers. Additionally medical bills and other associated expenses can create a mountain of debt. Workers can get compensation for these expenses via a settlement under the Federal Employers Liability Act.
FELA lawsuits can be awarded damages for medical expenses, past and future as well as other tangible consequences such as pain and suffering. A FELA lawyer who is experienced will assist clients in determining the appropriate amount of compensation for their injuries. Settlements should cover past and future medical expenses as well as pay for any loss of income incurred by the illness.
Railroad employees are exposed to many toxic substances at their jobs. Diesel exhaust and asbestos have been linked to colon cancer. The exposure to metal-working fluids (soluants) as well as pesticides and other chemicals could increase the risk of getting cancer. A skilled lawyer for colon cancer in the railroad can establish a connection between a worker's on-the-job exposure and their health conditions.
Although no two cases are the same, a look of past FELA verdicts and settlements can provide a great idea of the possible payout for a railroad cancer claim. The attorneys at Hughes Law Offices could evaluate a settlement offer to determine if it can be sufficient to meet the needs of a client.
Suffering and Pain
Pain and suffering is a term that can be legally used to describe the emotional and physical trauma that comes with a medical injury. A jury may award compensation for pain and suffering. This could be a key component of an action filed under the Federal Employers Liability Act. A skilled lawyer can help determine the right amount for damages relating to your specific situation.
Often, employers will offer to settle a claim of an injured employee prior to the case going to trial or while the trial is in progress. However, it is important to examine any settlement offers carefully prior to accepting them. An attorney from a railroad cancer case could examine a settlement to determine if it is suitable and fair in the circumstances. They can also evaluate an offer to precedents from the law to determine whether it's worth accepting the settlement or taking the case to the court.
Loss of Earnings
Railroad workers can get compensation for loss of earnings. The amount awarded cannot replace the time that a worker has lost due to the disease or regain the health they have lost, but it may help to provide financial stability to families going through this tough time. An attorney for railroad injuries could assist in obtaining evidence to prove the victim's financial losses, including pay stubs, tax returns.
Exposure to hazardous chemicals like diesel exhaust and asbestos puts railroad workers at risk of risk of developing diseases, such as colon cancer. The attorneys at Hughes Law Offices will take all possible sources of exposure into consideration when seeking damages for a client.
Colorectal cancer is diagnosed with blood tests, stool tests and biopsies of suspicious areas in the colon or rectum. The use of chemotherapy, surgery, and radiation are treatment options. The victim of colon cancer due to their work on the railroad may be able recover substantial compensation for past and future medical expenses as well as loss of income, pain and suffering, and other damages.
FELA offers a three-year period of limitations to pursue an action against a railroad company for on-the-job injuries or illnesses. A skilled lawyer for railroad injuries can help evaluate any settlement offer and determine whether it is fair and appropriate in the context of the situation.