Miami Railroad Injury Attorney
Railroad employees do not have workers’ compensation. Instead, the Federal Employer Liability Act (FELA) is the sole and exclusive remedy for railroad employees who are hurt or killed on the job. The FELA allows an injured railroad worker to file a lawsuit against his or her employer for personal injuries if those injuries were caused by the employer’s failure to provide a reasonably safe place to work.
Under the FELA, a railroad employer is liable for the injuries or death of an employee which results “in whole or in part” from the employer’s negligence. That is, railroad employers are liable for occupational injuries if their negligence played any part at all, however small, even in the slightest, in producing the injury or death. The extent of negligence and causation necessary to establish liability under the FELA are considerably less than that required in traditional common law negligence cases.
If you suffered an occupational injury while working for a railroad, it is critical that you notify your employer and fill out an injury report. You should also seek medical attention if you believe you may have been injured. Railroad companies are experienced at investigating injury claims. When they become aware of a work-related injury, railroad companies often hire lawyers and investigators to interview witnesses, take photographs and measurements, and gather other critical evidence that could be used against employees in a FELA case. If a train engine is involved, railroad employers will also likely download all engine data, revealing train speed, distance, braking application, and train movement. Hiring a FELA railroad lawyer will help ensure that you have the benefit of similar evidence to help prove your claim.
“The Federal Employers’ Liability Act was designed to put on the railroad industry some of the cost for the legs, eyes, arms, and lives which it consumed in its operations . . . and to relieve men ‘who by the exigencies and necessities of life are bound to labor’ from the risks and hazards that could be avoided or lessened ‘by the exercise of proper care on the part of the employer in providing safe and proper machinery and equipment with which the employee does his work”
– United States Supreme Court, 1949
Our Florida Office Locations
Viñas & DeLuca is headquartered in Miami, Florida and has offices available for consultation in Miami, Boca Raton/Palm Beach, and Tampa. We have handled cases in multiple state and federal jurisdictions throughout Florida. Click here for more information.
Contact a Miami Train Accident Attorney
If you or a loved one were injured in a Florida train accident, contact Viñas & DeLuca for a free and confidential consultation by calling (305) 372-3650. Or, you can complete our Free Case Evaluation Form or easily chat with us online and one of our attorneys will contact you right away. We are here 24/7/365 to speak with you and answer your questions. If you cannot come to us, we will come to you.
The 4 Steps We Take After You Retain Us
We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.
We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.
Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.
Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.
South Florida Rail Road Injury Lawyer
The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida. Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court. Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills, and ethical standards. The Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.
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With An Experienced Attorney
We offer our services on a contingency fee basis, which means that you do not have to worry about legal fees unless we win your case. That’s right. You get to focus all of your time, energy, and money on getting better while we handle your personal injury case. You only have a limited amount of time to file a claim, so contact us today. We’re available to assist injury victims throughout Miami-Dade County.