Our Six Step Process
What Happens During a FELA Case?
01
Understand the Injury
We review how the injury happened, the work being performed, the equipment involved, and the conditions present at the time.
02
Preserve the Evidence
We preserve photographs, records, equipment information, witness accounts, and other evidence before conditions change or information is lost.
03
Investigate Responsibility
We examine whether unsafe equipment, staffing, training, maintenance, work methods, or other railroad failures contributed to the injury.
04
Document the Impact
We gather medical records, work restrictions, lost income, and other evidence showing how the injury affects the worker’s health and career.
05
Build the Case
We develop the claim through discovery, depositions, railroad records, expert analysis, and, when needed, inspection of equipment or work areas.
06
Resolve or Try the Case
We pursue resolution through settlement discussions or mediation and prepare for trial when a fair resolution is not reached.
When the Railroad Blames the Worker
The Railroad May Dispute How the Injury Happened
A railroad may argue that the employee failed to follow a rule, used equipment incorrectly, failed to report a condition, or otherwise contributed to the injury.
Those arguments must be examined in the context of how the work was actually performed.
Questions may include whether the worker received proper training, whether the rule was consistently enforced, whether supervisors knew how the work was normally performed, whether the correct equipment was available, and whether the assigned work could be performed safely.
Under FELA, an allegation that the worker contributed to the injury does not automatically end the case.
How Long Does a FELA Case Take?
The time required to resolve a FELA case depends on the injury, medical treatment, complexity of the investigation, disputed liability, number of witnesses, expert analysis, court schedule, and whether the case proceeds to trial.
A serious injury may also require time before doctors can determine whether the worker will fully recover, require future treatment, or be able to return to railroad work.
Resolving a case too early can mean evaluating it before the full medical and financial impact is known.
What Will Be Expected of You?
Your legal team handles the litigation, but the injured worker remains an important part of the case.
During the process, you may be asked to:
- Keep your attorneys updated about treatment and work status
- Attend medical appointments
- Preserve relevant documents and communications
- Help identify witnesses
- Answer written questions
- Prepare for and attend a deposition
- Participate in settlement discussions
- Attend the trial if the case reaches that stage
You should also tell your attorneys when something changes, including your medical condition, work status, contact with the railroad, or ability to return to your former job.
Serious FELA Cases Require Preparation From the Beginning
A railroad injury case should be built around the evidence, the working conditions that caused the injury, and the full impact on the worker and family.
McEldrew Purtell has successfully litigated serious FELA claims on behalf of railroad workers and their families. If you or a family member suffered a serious railroad injury, contact our railroad injury team to discuss your case.