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 chance of developing certain cancers because of exposure to toxic chemicals. They are exposed to diesel exhaust and other workplace toxins like silica sand and solvents, asbestos, and creosote.
Hughes Law Offices has won several significant settlements and verdicts in these cases. We've collected a few of them below.
FELA Lawsuits
In spite of the position they were in on the railroad, workers who suffer from cancer linked to their work could be able to file a claim of compensation under The Federal Employers Liability Act (FELA). The law was enacted over a century ago and has made it easier to hold railroad companies accountable when their employees are injured.
The law permits injured railroad workers to recover damages for medical expenses, lost wages, and pain and suffering. The compensation for the pain and suffering of injured workers are unlimited. A FELA attorney will meet with the client and their loved ones to gain more understanding of the impact cancer has affected their lives. Consulting with oncologists as well as chemotherapy technicians could be helpful.
A FELA claim can be filed in a state or federal court. Federal substantive law controls FELA claims, but federal courts have the decision-making authority to apply common tort law principles in cases filed under FELA.
The biggest challenge for a plaintiff in a FELA action is establishing liability. Railroad companies often use comparative negligence as a defense to shift responsibility. Former railroad workers can overcome such issues with the help of an experienced attorney.
Medical expense
A diagnosis of cancer for a railroad worker can lead to a number financial challenges. Cancer can also cause an absence from work that could result in lost income and costs for caregivers. In railroad settlement , medical bills and other related expenses can result in an enormous amount of debt. In order to pay for these expenses, workers may seek compensation through settlements under the Federal Employers Liability Act.
FELA lawsuits may award damages for medical expenses, both past and future as well as other non-tangible consequences like pain and suffering. A FELA lawyer with experience can assist a client in determining the fair compensation for their injuries. A settlement should 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 many toxic substances during their work. Asbestos and diesel exhaust have been linked to colon cancer. Exposure to solvents, metal-working fluids pesticides and other chemicals can also increase the risk of developing cancer. A knowledgeable lawyer for colon cancer in the railroad can show a link between the exposure of a worker and their health condition.
Although there are no two cases that are identical, a study of the past FELA settlements and verdicts could give a good idea of the amount that could be paid in a case involving a railroad cancer claim. The attorneys at Hughes Law Offices will examine a settlement offer to determine if it can adequately cover a client's needs.
Pain and Suffering
Legally pain and suffering refers to the physical and mental trauma that can result from the aftermath of a medical accident. A jury can decide to award compensation for pain and suffering. This can be a crucial element of a lawsuit filed under the Federal Employers Liability Act. A lawyer who is familiar with your case can help you determine the appropriate amount of damages.
Employers may offer settlement options for an injured employee prior to or during the trial. It is essential to carefully review any settlement offer before accepting it. A railroad cancer lawyer could examine a settlement offer to determine if it is appropriate and fair in the circumstances. They could also compare the offer to legal precedents to determine whether it's worth accepting the offer or taking the case to the court.
Loss of Earnings
Railroad workers may be eligible for compensation for the loss of earnings. The amount awarded cannot replace the time a person has lost due to this illness or recover the health they have lost, but it can give financial stability to families during this challenging period. A skilled attorney for railroad injuries could help to gather documentation to prove a victim's financial losses including pay stubs, tax returns and other financial documents.
Exposed to harmful chemicals such as asbestos and diesel exhaust puts railroad workers at risk of chance of developing diseases such as colon cancer. Hughes Law Offices attorneys will look at all possible exposure sources when seeking damages on behalf of clients.
Colorectal cancer is diagnosed through stool tests, blood tests and biopsies taken from the suspicious areas of the rectum or colon. Treatment options include chemotherapy, surgery and radiotherapy. Patients suffering from colon cancer due to their work on the railroad could be able to claim substantial compensation for future and past medical expenses as well as loss of income, pain and suffering, and other damages.
FELA provides a statute of limitations of three years to pursue an action against a railroad employer for injuries or illnesses that occur during the course of work. An attorney for railroad injuries can help evaluate the settlement offer and determine whether it's fair.