Working for a railroad company can be a hazardous business. There are many places that can potentially be dangerous and if your employer doesn’t make sure that you’re working in a safe environment, it can be easy to get injured. The sad news is that your employer is not likely to have your best interest at heart. Railroad accidents fall under the Federal Employers Liability Act (FELA) which means that they have to compensate you for all of your losses if it’s proven that they were negligent. And they definitely don’t want to do that.
Covering up negligence
Naturally, they will do their very best to cover up their negligence and let you take the fall. They will try to make you feel like a bad person for filing a complaint and will trivialize your injuries. When you do decide to file a complaint, they will try to get you to confess that it was your fault. They will bombard you with confusing incident and accident reports in the hope that it will hide their negligence.
This is why it’s important to collect evidence of your injuries, get witness accounts such as eyewitnesses or fellow employees that can confirm that the working environment was dangerous and that it was brought under the attention of the railroad company. Keep a diary where you note down anything that you can remember about the accident and the events following the accident.
Contact a personal injury lawyer
Do you have enough evidence for a medical malpractice case?
We put our trust in medical professionals and when they fail us it can be heartbreaking. Suffering a personal injury due to medical negligence may rile up such frustration that we might want it to end up in court. However, the reality is that you really need a lot of solid evidence if you want to make it worth your while. Legal expenses can be very costly and you may walk away with less cash in your pocket if you don’t have sufficient evidence.
What is sufficient evidence?
The thing with medical malpractice lawsuits is that the evidence is often very technical from a medical perspective. Firstly you have to prove unequivocally that the doctor did something wrong. So you will have to have accurate information on how the procedure was supposed to be done vs. what had actually happened. The doctor’s actions will have to be compared to what one of his peers would have done in a similar situation. You will need a medical practitioner as an expert witness and specifically, one practicing in the same field as the doctor that you are suing.
You must also prove that the damages that you suffered are a direct result of the doctor’s negligence. It’s not sufficient to prove that the doctor did something wrong and that you have not healed. You have to prove that what the doctor did wrong caused the injury.
You also have to prove that a doctor-patient relationship existed at the time of the procedure because this means that the doctor had a legal duty to treat you correctly. If another doctor gave advice and this advice caused your personal injury, it’s possible that you will not be able to sue the doctor who gave you the wrong advice.
Talk to an expert personal injury lawyer
So, you think you can possibly file a personal injury complaint. However, you know that legal fees can be expensive and you don’t want to be taken for a ride. We’re here to tell you how your legal expenses can play out.
Most personal injury lawyers charge a contingency fee
This means that you won’t have to pay your lawyer any fees unless he wins your case. If you win, your lawyer will get a percentage of the amount that you claimed in the case. If you lose the case your lawyer won’t charge you any fees. But that doesn’t mean that you walk away from the trial with all your dimes in your pocket. You still need to pay for the costs of the trial and case expenses.
What’s the difference between costs and fees?
Simply put, fees are what a lawyer charges for his time, while costs are for his out-of-pocket expenses. Charging a contingency fee means that your lawyer is willing to waive the fees for his time if he loses the case (which he hopefully won’t), but will hold you accountable for the costs that he had to incur to make the trail happen. Seems fair, right?
Okay, what type of costs can you expect?
- Expert witness fees and costs
- Filing fees.
- The cost to hire investigators.
- Obtaining and preparing medical records and police reports.
- Exhibits for trials
- Jury fees
- Mediator fees
- Phone charges
- Research service fees
- Travel costs
Here’s how you may be held responsible in New York
In 2012, it was estimated that New York City is the home to over 600,000 dogs. Their owners see them as 600,000 of the sweetest creatures while non-dog lovers see them as the 600,000 vicious sets of teeth just waiting to sink into your leg. Whichever side of the fence you’re standing on, the fact is that it is still possible that your sweet pooch may one day lose its cool and bite someone. Did your dog bite someone? Let’s look at the legal implications.
Can they sue you?
According to New York laws, you get the first bite for free. Seems fair. If your dog has bitten someone before, you will have to pay for any medical or veterinary costs. If the victim wants to claim any other damages, he or she would have to prove that the dog had dangerous tendencies and that you were aware of it. They can’t expect you to reimburse them just based on negligence.
What is proof that a dog has dangerous tendencies?
- Size and type of breed
- Watchdog or Lapdog?
- Aggressive behavior like biting or snapping
- Previous complaints about the dog’s behavior that were brought to your attention
- Fighting with other animals
- Using muzzles and chains to confine the dog at times may show that you know the dog is dangerous
- Written or verbal warnings about the animal
- Any statement by you about the animal’s character.
The New York subway system is fraught with possibilities for personal injury. Slips and falls on the stairwells and injuries due to sudden stops are but a few examples of ways to sustain injuries on New York City’s subway system. While derailment is quite rare, it is a possibility and there are several historic events to prove so. In 1991, a drunk motorman raced the train at more than 40 MPH while the speed limit was 10 MPH. The train derailed leaving 200 passengers injured and 5 dead. The driver was convicted of manslaughter and sentenced to 15 years imprisonment.
Subway accidents can happen due to negligence by the subway operating organization. Think wet floors without warning signs, faulty trains, and broken, dangerous staircases. Multiply that by the number of passengers that you have to navigate in a dangerous environment and a subway accident is bound to happen sooner or later. If you have suffered injuries during a subway accident, you may be eligible for a personal injury case to claim compensation for your losses in medical bills, wages lost and personal suffering.