Blog

goDown

I’m Suing the Railroad. Where Will My FELA Lawsuit Take Place?


construction worker on railwaysRailroad workers play a crucial role in keeping our transportation systems running smoothly, but their job comes with inherent risks. If you are a railroad employee who has suffered an injury on the job due to employer negligence, you may be entitled to compensation under the Federal Employers Liability Act (FELA). However, pursuing a FELA lawsuit can be a complex and overwhelming process, and having the right legal representation is absolutely essential. 

Understanding FELA and Its Purpose

The Federal Employers Liability Act (FELA) was enacted in 1908 to provide railroad workers with a way to recover damages for injuries caused by their employer’s negligence. FELA allows workers to sue their employer for damages if they can prove that the employer’s negligence caused or contributed to their injury. This means that workers can recover damages for medical expenses, lost wages, pain and suffering, and other related losses.

FELA also has a number of other features such as:

  • The ability to sue for punitive damages.
  • The ability to choose between a jury trial and a bench trial.
  • The ability to recover damages for the death of a loved one.

Filing a FELA lawsuit in Connecticut, New York or Massachusetts after experiencing a railroad-related injury is a critical step in seeking compensation for the physical, emotional, and financial hardships you may have endured. However, the location where your FELA lawsuit takes place can significantly impact the outcome of your case. Several factors come into play when determining the most suitable jurisdiction for filing your claim.

Legal Factors

  • The state where the injury occurred: This is the most important factor in determining the location of a FELA lawsuit. The state where the injury occurred will have jurisdiction over the case, and its FELA statute will govern the substantive law of the case.
  • The state where the employer is headquartered: This factor is also important, as it may affect the availability of discovery and the cost of litigation.
  • The state where the railroad company has its principal place of business: This factor is less important than the previous two factors, but it may still be relevant in some cases.
  • The state where the plaintiff resides: This factor is not as important as the previous three factors, but it may be relevant if the plaintiff is seeking damages for pain and suffering.

Jurisdictional Factors

  • The state’s FELA statute: Each state has its own FELA statute, which sets forth the rights and remedies available to injured railroad workers. These statutes can vary from state to state, so it is important to be familiar with the statute of the state where you are filing your lawsuit.
  • The state’s rules of civil procedure: Each state has its own rules of civil procedure, which govern the procedural aspects of a lawsuit. These rules can vary from state to state, so it is important to be familiar with the rules of the state where you are filing your lawsuit.
  • The state’s venue rules: Venue is the legal concept that determines which court has jurisdiction over a case. Each state has its own venue rules, which can vary from state to state.
  • The state’s choice of law rules: Choice of law rules determine which state’s law will apply to a case. These rules can vary from state to state, so it is important to be familiar with the choice of law rules of the state where you are filing your lawsuit.

Practice Factors

  • The availability of discovery: The availability of discovery is another important factor to consider. In some states, it may be more difficult to obtain discovery than in others.
  • The cost of litigation: The cost of litigation can vary from state to state. In some states, it may be more expensive to litigate a case than in others.
  • The likelihood of success: The likelihood of success is the most important factor to consider when deciding where to file a FELA lawsuit. If you believe that you have a strong case, you may want to file your lawsuit in a state where you are more likely to succeed.

Why Choose Cahill & Perry, P.C. Attorneys at Law

Located in New Haven, CT, Cahill & Perry, P.C. Attorneys at Law, have a proven their commitment to their clients, combined with their extensive legal knowledge and experience, ensures your case will be in competent and caring hands.

If you find yourself in the unfortunate situation of needing to file a FELA lawsuit due to a railroad-related injury, don’t hesitate to seek legal representation. Our FELA attorneys are dedicated to helping you navigate the complexities of FELA law in Connecticut, New York or Massachusetts and fighting for the justice you deserve. Time is of the essence in FELA cases, so contact us today.

  • $10.8 Million Verdict for a Metro-North Conductor wrongful death case. (Avery v. Metro-North RR).
  • $8 Million settlement for an Amtrak Trackman who sustained a crushed leg. (Cevasco v. National Railroad Passenger Corp.).
  • $7 Million settlement for a Metro-North Foreman whose legs were amputated. (Renert v. Metro-North RR).
  • $5.8 Million settlement for an Amtrak Conductor who sustained a head injury. (Fitzpatrick v. National Railroad Passenger Corp.).
  • $5.5 Million settlement for a Metro-North Machinist wrongful death case. (Pieger v. Metro-North RR).
  • $4.3 Million Verdict for a Metro-North Conductor wrongful death case. (Ard v. Metro-North RR)
  • $2.57 Million Verdict for an Amtrak Conductor who sustained a back injury. (Pace v. National Railroad Passenger Corp.).
  • $2.5 Million Settlement for a Metro-North employee who sustained a serious head injury.
  • Settled for a Confidential Sum for a Massachusetts Bay Commuter Railroad Company Trackman wrongful death case. (Macaulay v. Massachusetts Bay Commuter Railroad Company.)
  • $6.250 Million Verdict in 2023 which was later reduced to $2.1 Million for a Metro-North Structural Welder/Ironworker who sustained head and neck injuries and has returned to work. (Torres v. Metro-North RR).
  • $2 Million Verdict for a Metro-North Lineman who sustained an electrical burn (Curly v. Metro-North RR).
  • $2 Million Settlement in 2020 for a Providence & Worcester Railroad Company Conductor who sustained a serious head injury and returned to work for another RR as an Engineer. (Scarpa v. Providence & Worcester Railroad Company.)
  • $2 Million Settlement for a Metro-North Conductor who sustained a fractured leg.
    Settled for a Confidential Sum in 2019 an Amtrak Lineman involving an electrocution causing a permanent occupational disability. (Anderson v. National Railroad Passenger Corp.).
  • $1.85 Million Verdict for an Amtrak Ticket Agent who was assaulted. (Schneider v. National Railroad Passenger Corp.)
  • Compensatory and punitive damages Verdicts and subsequently settled for $1.8 Million in 2023 for a Metro-North
  • Conductor who suffered Post-Traumatic Stress Disorder. (Moran v. Metropolitan Transportation Authority).
  • $1.69 Million Settlement for an Amtrak Supervisor who was shot by an employee. (Cornelius v. National Railroad Passenger Corp.)
  • $1.65 Million Verdict for a Metro-North Lineman who sustained foot and ankle injuries. (Keating v. Metro-North RR).
  • $1.65 Million Verdict for a Metro-North TA Employee who sustained an Open Tibia Fracture to his left leg. (Rivera v. Metro-North RR).
  • $1.54 Million Verdict for an Amtrak General Foreman who sustained a herniated disc in his lower back. (Brady v. National Railroad Passenger Corporation).
  • $1.45 Million Verdict for a Construction Worker who sustained a left hip injury. (Quintiliani v. National Railroad Passenger Corporation).
  • $1.42 Million Verdict for a Metro-North Machinist who sustained a fractured rib and a herniated disc. (Hall v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Mechanical Gang Foreman who sustained burns from an explosion of steam on an engine. (Berry v. Metro-North RR).
  • $1.4 Million Verdict for a Metro-North Carpenter Foreman who sustained a back injury. (Kendall v. Metro-North RR).
  • $1.3 Million Verdict for a Metro-North Signal Trainee Maintainer who sustained a back injury from a slip and fall. (Moran v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Signal Maintainer who sustained a back injury and post-concussion syndrome. (Manes v. Metro-North RR).
  • $1.2 Million Verdict for a Metro-North Trackman who sustained crushed legs. (Murillo v. Metro-North RR).
  • $1 Million Settlement for a Metro-North Trackman who sustained burns from pot welding and subsequently returned to work. (Burke v. Metro-North RR).

find yourself a Railroad Law Attorney | Call 800-654-7245

CALL OR EMAIL US TODAY TO GET STARTED

If you are a railroad worker who has been injured on the job, you need a lawyer who understands the complicated FELA claims process. Find out how we can help you receive the compensation you deserve.

Protecting Injured Railroad Workers,
Passengers And Families
40 years of experience

New Haven Office

43 Trumbull Street
New Haven, CT 06510
Toll Free: 800-654-7245

Phone: 203-777-1000
Fax: 203-865-5904
directions

Boston Office

470 Atlantic Avenue, 4th Floor
Boston, MA 02210

Phone: (617) 217-2920
directions

arla

New York Office

Chrysler Building
405 Lexington Avenue, 26th Floor
New York, NY 10174

Toll Free: 800-654-7245
Phone: 212-453-7300
directions

connect with us