Railroad cases are handled and litigated in the court system under an entirely different set of laws than the normal laws of liability and injury. The Railroad Worker’s Act is a very specific set of federal rules and regulations that guide how a lawsuit is brought. But that doesn’t mean it’s always clear and simple. You need a lawyer that understands the complexities of the law and can tell you how and where to proceed in a court of law.
Where should I bring my case?
Interestingly, although it is a federal set of rules and regulations that protects the railroad worker, the law suit can be brought in either state or federal court. If the railroad has railroad tracks within the home county of the person who comes to The Segal Law Firm, we can actually file the lawsuit right in his or her backyard. You can also file in federal court or state courts and that’s part of the experience that’s going to be important to you when you talk to us here at The Segal Law Firm.
What is the cause?
It’s important that you have a lawyer who understands that it’s a completely different system of litigation to be sure your rights are fully protected under those laws. And it’s also crucial that they know how to investigate the causes of various injuries or disease that occur on a railroad. Many people don’t realize it, but back in the time of steam locomotives, the brakes were actually made with asbestos. So we’ve had clients who have developed mesothelioma because of their exposure to the brakes that they worked on or were around on the railroad.
We’ve seen leukemia developed because of exposure to diesel fumes and that chemical makeup. And then you’ve got your run-of-the-mill falls off of the train where someone breaks an ankle or, tragically, has a limb cut off. There is a long list of things that may have happened, but it’s a different set of federal regulations that are going to cover how that case gets litigated.
What if I don’t work on the railroad?
Of course, many accidents happen to those who are just living near or around the railroads. Here in West Virginia recently, we had a huge derailment that literally blew up the community. Homes, livestock and lives were completely destroyed. I’m sure many of those people are wondering about their rights. I encourage those people to call an experienced law firm, like us at The Segal Law Firm, who can tell them exactly what their rights are and help them understand if they have a case.
You can always call me toll free with any question about railroad injuries, whether you are an employee of the railroad or not. I’m waiting at 855-344-9100.