The Biggest Problem With Railroad Settlement Lung Cancer, And How To Fix It

colon cancer caused by railroad how to get a settlement and Colon Cancer

Railroad workers have a higher risk for certain cancers because of exposure to toxic chemicals. They are exposed to diesel exhaust as well as other workplace toxins such as silica sands, solvents, asbestos, and creosote.

Hughes Law Offices has won numerous significant settlements and verdicts in these cases. Below are a few examples.

FELA Lawsuits

Workers who have been diagnosed with cancer due to their work, regardless of their position on the railroad are able to submit a claim under Federal Employers Liability (FELA) Act. This law was passed more than a century ago and has allowed to make 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 pain and discomfort. The amount of money awarded for pain and suffering are unlimited. A FELA attorney will conduct an interview with the client and their loved ones to gain an understanding of the impact cancer has had on their lives. Consultation with oncologists and chemotherapy technicians would also be helpful.

A FELA claim can be filed in either a federal or state court. Federal substantive law governs FELA claims, but federal courts are able to apply common tort laws to cases filed under FELA.

The primary challenge facing a plaintiff in a FELA case is establishing the extent of the possibility of liability. Railway corporations often employ comparative negligence as a defense to shift the burden of liability. Former railroad workers can conquer these challenges with the help of an experienced attorney.

Medical Expenses

A diagnosis of cancer for a railroad worker can cause a number of financial difficulties. Being diagnosed with cancer can require absence from work, which could result in lost wages and higher costs for caregivers. In addition, medical bills and other related expenses can result in an immense amount of debt. In order to pay for these expenses, workers can seek compensation through an agreement under the Federal Employers Liability Act.

FELA lawsuits can provide damages for past and future medical expenses, as and non-tangible results like suffering and pain. A FELA lawyer with a lot of experience can assist a client to determine the fair compensation for their injuries. Settlements should cover both future and past medical expenses, aswell in compensating the victim for any loss of income resulting by the illness.

Railroad employees are exposed to numerous toxic substances in their jobs. Both diesel exhaust and asbestos are associated with colon cancer. Exposure to solvents, metal-working fluids pesticides, and other chemicals can also increase a person's chance of developing cancer. A knowledgeable lawyer for colon cancer in the railroad can prove a connection between a worker's on-the-job exposure and his or her health condition.

While there are no two cases that are the same, a review of the history of FELA verdicts and settlements can provide a good idea of the payout for a cancer claim against a railroad. Hughes Law Offices can review any settlement to determine if it is sufficient for the client.

Pain and Suffering

Pain and suffering is a legal term used to describe the physical and emotional trauma that comes with medical injuries. A jury could offer compensation for pain or suffering. This could be an important element of an action filed under the Federal Employers Liability Act. A lawyer who understands your situation can help determine the right amount of damages.

Often, employers will offer to settle the case of an injured employee before the case goes to trial or even while the trial is taking place. It is, however, advisable to review any settlement offers carefully prior to accepting them. A lawyer who specializes in railroad cancer could review a settlement offer to determine if it's fair and adequate under the circumstances. They can also evaluate an offer to legal precedents to determine whether it's worth accepting the offer or taking the matter to the court.

Loss of Earnings

Railroad workers may be entitled to compensation for loss of earnings. The amount of money given will not be able to replace the time that a worker has lost to this disease or recover the health they have lost, but it can ensure financial stability for a family during this difficult time. A railroad injury lawyer could help gather documentation to prove the victim's financial loss, including pay stubs and tax returns.

Railroad workers are at an increased risk of developing illnesses such as colon cancer due to exposure to hazardous chemicals, like asbestos and diesel exhaust. The lawyers at Hughes Law Offices will take every possible source of exposure into account when seeking damages for the client.

Colorectal cancer is diagnosed using blood tests, stool tests and biopsies for suspicious areas in the rectum or colon. Treatment options include surgery, chemotherapy and radiotherapy. Patients suffering from colon cancer because of work on the railway might be able to recover significant compensation to pay for future and past medical expenses, loss of earnings in the event of pain and suffering, as well as other damages.

FELA has a statute of limitations of three years to file a claim against a railway employer for injuries or illnesses that occur while working. A knowledgeable railroad injury lawyer can assist in evaluating any settlement offer and determine whether it is reasonable and fair in the particular circumstances.