Don't Buy Into These "Trends" About Railroad Settlement Lung Cancer
Railroad Settlements and Colon Cancer
Exposure to toxic chemicals can increase the risk of certain cancers in railway workers. They work around diesel exhaust as well as other workplace toxic substances like silica sands, solvents, asbestos and creosote.
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 in connection with their work regardless of their position on the railroad are able to claim compensation under the Federal Employers Liability (FELA) Act. union pacific lawsuit settlements was enacted more than a century ago and has allowed to hold railroad companies accountable when their employees suffer injuries.
The law allows railroad employees who have been injured to collect damages in the form of medical expenses, lost wages and discomfort and pain. The pain and suffering financial award is unlimited. To determine a fair sum, a FELA attorney will interview the client, their family members and acquaintances to establish an idea of how cancer has affected their lives. Oncologists and chemotechnicians can be consult.
A FELA claim can be filed in a federal or state court. Federal substantive law governs FELA claims, however federal courts can apply common tort laws for cases brought under FELA.
Liability is the main challenge that a plaintiff faces in a FELA lawsuit. Railroad companies often rely on the defense of comparative negligence to shift some or all liability away from them. However, with the assistance of a competent attorney an ex-railroad worker could prevail in the face of these kinds of challenges.
Medical expenses
A railroad worker's cancer diagnosis can result in a variety of financial difficulties. Cancer can also cause absence from work, which can result in loss of wages and increased expenses for caregivers. In addition, medical bills and other related expenses can lead to an avalanche of debt. To cover these costs, workers can seek compensation by negotiating a settlement under the Federal Employers Liability Act.
FELA lawsuits may award damages for future and past medical expenses as and non-tangible results like pain and suffering. A FELA lawyer with years of experience can help a client determine the fair compensation for their injuries. A settlement will include all future and past medical expenses, as well compensate the victim for any loss of income caused by their illness.
Rail workers are exposed various harmful substances while working. Asbestos and diesel exhaust have both been linked to colon cancer. Exposure to metal-working liquids (soluants), pesticides, and other chemicals can increase the risk of cancer. A skilled railroad colon cancer lawyer can show a link between a worker's on-the-job exposure and health condition.
Although every case is unique looking back at past FELA settlements or verdicts may give a good idea of the potential payout in the railroad cancer case. Hughes Law Offices will evaluate the settlement to determine if it is appropriate for a client.
Pain and Suffering
Pain and suffering is a term that can be legally used to describe the physical and emotional trauma that is associated with a medical injury. A jury may offer compensation for pain or suffering. This can be a crucial element of a lawsuit filed under the Federal Employers Liability Act. A lawyer who is knowledgeable about your situation can help determine the amount that is appropriate for damages.
Employers often offer to settle a case with an injured employee prior to or during the trial. However, it's advisable to review any settlement offers carefully before deciding to accept them. A railroad cancer attorney could examine a settlement to determine if it's appropriate and fair under the circumstances. They can also compare an offer to precedents from the law to determine whether it's worth accepting the offer or taking the matter to the court.
Loss of Earnings
A railroad worker may be entitled to compensation for the loss of earnings. The money won't replace the time a worker lost due to this disease or even help to restore their health. However, it can give financial stability to families going through a difficult moment. A lawyer who handles railroad accidents can help gather documentation to prove the victim's financial loss, including pay stubs, tax returns.
Railroad workers are at a higher risk of developing illnesses such as colon cancer as a result of exposure to toxic chemicals, such as asbestos and diesel exhaust. The attorneys at Hughes Law Offices will consider every possible source of exposure into consideration when pursuing damages for clients.
Colorectal cancer is diagnosed with stool tests, blood tests and biopsies of suspicious areas in the colon or rectum. The use of chemotherapy, surgery, and radiation are treatments options. A person suffering from colon cancer due to their work on the railroad could be able to claim substantial compensation for past and future medical expenses including loss of income, pain and suffering, and other damages.
FELA stipulates a statute of limitations of three years to file claims against a railway employer for injuries or illnesses that happen during the course of work. An attorney for railroad injuries can help evaluate an offer of settlement and determine if it is fair.