The Federal Employers' Liability Act (FELA) provides a legal framework for getting compensation for injuries sustained while working for a railroad. But determining a fair settlement amount involves a number of things. One tool that can help simplify this process is a FELA settlement calculator.
If you're a railroad worker who has suffered an injury on the job, knowing how to calculate your compensation can be complicated. So, this guide will break down how compensation claims are calculated and what you need to know to make sure you receive fair compensation.
What Affects Railroad Injury Settlement Amounts
When using a FELA settlement calculator, a number of things will influence the final settlement amount. Knowing what these are is critical for figuring out your potential settlement and preparing for negotiations with the railroad company.
- Injury Severity
The injury severity is a major factor in the compensation amount. More severe injuries, like traumatic brain injuries or amputations, usually call for bigger settlements than less serious injuries like sprains or minor fractures. The effect of the injury on your overall quality of life and ability to work will be assessed to determine the appropriate compensation.
- Level of Fault
Under FELA, the level of fault attributed to the railroad company will significantly influence your settlement. If the railroad is found to be overwhelmingly at fault for the accident, you are likely entitled to a larger settlement. Conversely, if your actions contributed to the accident, it might reduce the amount of compensation awarded.
- Age and Life Expectancy
Your age and life expectancy also play a part in calculating compensation. Younger claimants who have a longer expected lifespan with the injury might receive higher settlements to account for long-term impacts. It helps see to it that you are compensated adequately for future losses.
- LostWages and Earning Capacity
If your injury prevents you from returning to work or affects your ability to earn a living, this will be figured into your settlement. Compensation for lost wages includes past income lost due to your injury and potential future earnings if your earning potential is lessened.
- Medical Expenses
Your settlement will also account for the cost of medical care related to your injury. This includes expenses for hospital stays, surgeries, medications, physical therapy, and other needed treatments. Both past and future medical costs are considered in figuring out the total compensation.
- Suffering and Pain
Compensation for pain and suffering is intended to address the emotional and physical distress caused by the injury. This can include physical pain, emotional anguish, and the loss of enjoyment of life. The degree of suffering and its impact on your daily life will be evaluated to determine the right amount of compensation.
Calculating Economic Damages
Economic damages, or special damages, have a clear monetary value and are pretty straightforward. When using a FELA settlement calculator, these damages are computed based on your documented expenses.
- Medical Expenses
The cost of medical treatment is a major part of economic damages. This includes ambulance fees, hospital bills, surgeries, medications, and ongoing therapy. Keeping detailed records of these expenses is important to help guarantee that you are compensated fully for your medical costs.
- Lost Wages
Any income lost due to your inability to work while recovering from your injury is included in your economic damages. This figure should show the actual wages lost during your recovery period and any future income you might lose if your ability to work is permanently affected.
- Reduced Earning Capacity
If your injury has a long-term impact on your ability to earn a living, you may be able to get compensation for reduced earning capacity. This calculation involves estimating the difference between your pre-injury earning potential and your current or projected earnings.
- Other Expenses
Further expenses related to your injury, like travel costs for medical appointments or modifications needed for your home due to your disability, are also taken into consideration. Documenting these costs is imperative to make certain they are included in your settlement.
Calculating Non-Economic Damages
Damages that are non-economic are more subjective and include the intangible impacts of your injury. These damages are harder to calculate but are necessary for a complete compensation package.
- Suffering and Pain
Again, this category addresses the physical pain and discomfort you have put up with as a result of your injury. The extent of your suffering and its impact on your quality of life will be evaluated to determine a fair amount for compensation.
- Loss of Life Enjoyment
If your injury prevents you from participating in activities you once enjoyed, you may be entitled to compensation for this loss. This can include hobbies, social activities, and other aspects of your life that have been affected.
- Disfigurement
If your injury has resulted in visible scarring or disfigurement, compensation might be awarded to deal with the impact of these physical changes. This is considered to be very important in assessing the full extent of your damages.
Comparative Negligence and Its Impact on Settlements
In FELA cases, the rule of comparative negligence may affect your settlement amount. This legal policy means that your compensation will be reduced proportionally if you are found to be partially at fault for the accident.
For example, if you are determined to be 20% at fault for the accident and the jury awards $1 million, your compensation would be reduced by 20%, resulting in a final amount of $800,000. Knowing how comparative negligence applies to your case is necessary for setting realistic expectations for your settlement.
The Part Played by Legal Representation
What with the complexities involved in FELA claims and the calculation of damages, it is highly recommended that you work with experienced FELA claim lawyers. These attorneys are skilled in dealing with the ups and downs of FELA and can assist you in a number of areas:
- Assessing Your Claim: A FELA claim lawyer will evaluate the strength of your case and provide an estimate of the potential settlement range based on the specifics of your situation.
- Gathering Evidence: Your attorney will collect and organize documentation related to your injury, medical expenses, lost wages, and other relevant evidence. This is important to build a strong case and make sure that all damages are accounted for.
- Venue: In FELA cases, your case can be filed in a county that the railroad does business in, which can be favorable even if you do not live in the location where your lawsuit is filed.
- Calculating Damages: A skilled attorney will help put a value on both economic and non-economic damages, so you receive fair compensation for all aspects of your injury.
- Negotiating with the Railroad: Your lawyer will negotiate on your behalf with the railroad’s representatives to secure the highest possible settlement. They will advocate for your interests and work to achieve a favorable outcome.
Negotiating a Fair Settlement
Most FELA cases are settled out of court through negotiation. Your attorney will work with the railroad’s legal team to reach a fair agreement. This process might involve multiple rounds of negotiation, and you are advised to be patient and avoid rushing into accepting a low offer.
Remember that you cannot pursue further compensation for the same injury once you settle. So, it’s important to be certain the settlement amount adequately reflects the full extent of your damages and future needs.
Maximizing Your FELA Settlement
Knowing how compensation claims are calculated using a FELA settlement calculator can provide valuable insights into the potential settlement amount you might receive. By looking at injury severity, fault, lost wages, and both economic and non-economic damages, you can better handle the complexities of the FELA claims process.
Working with Levinson Axelrod’s experienced FELA claim lawyers is highly recommended so your case is handled effectively, and you receive the compensation you deserve. Our attorneys can guide you through the process, from assessing your claim to negotiating a fair settlement.
If you’ve been injured while working for a railroad, don’t hesitate to hire professional legal assistance to help you secure the compensation you need to move forward.
For reliable guidance on your FELA claim, contact Levinson Axelrod, P.A. Our experienced team of FELA claim lawyers is here to assist you in your case and achieve the best possible outcome.
Call us at (732) 440-3089 or use our convenient online online form to reach out today.