Major FELA Lawsuit Settlement Facts

The Federal Employers Liability Act (FELA) of 1908 literally turned around the tragic consequences of railroad worker accidents that have occurred throughout the history of this dangerous industry.  When victims of railroad worker accidents gained the right to file FELA lawsuits against employers, it caused railroad companies to strengthen safety standards and enforce them more stringently, reducing the number of railroad worker accidents as a result.  In addition, it provided a means by which victims of railroad worker accidents could receive compensation and damages for injuries suffered as a result of railroad negligence.

Yet as vital as those results are, FELA did not eliminate railroad worker accidents.  Thousands of railroad accidents occur every year, resulting in nearly 10,000 injuries and deaths, sixty percent of which include railroad worker accidents.  In addition, over 80% of those accidents have been deemed the result of negligence or faulty equipment, providing grounds for the victims of railroad worker accidents or their families to retain FELA attorneys to receive compensation and damages. 

FELA Lawsuits
Under FELA regulations, victims of railroad worker accidents have the right to consult an attorney, compile evidence, and file a claim.  The legislation has built in principles to make it easier for victims of railroad worker accidents  to prove negligence on the part of railroad companies.  That principle is called a “featherweight” burden of proof that requires a FELA attorney to merely prove that the victim’s employer had some degree of fault in the injuries incurred in railroad worker accidents.  Even if the employee shared some degree of fault in causing their injury, an attorney can still file a lawsuit to obtain the amount of compensation the court deems equal to the defendant’s percentage of fault. 

Once a FELA attorney compiles their lawsuit for victims of railroad worker accidents, they often attempt to reach a pre-trial settlement out of court.  That saves court costs and time, and is often ordered by a judge The negotiations can also take place before a mediator or arbitrator, to assist in reaching a settlement.  If that is not possible, attorneys will have to argue the railroad worker injuty lawsuit in court and await a judge’s verdict.

FELA Settlements
Settlements that can be won railroad worker lawsuits vary by the type of injury, the degree of liability or negligence, the severity of railroad worker accidents, and even the skill of your lawyer.  Nevertheless, courts are often sympathetic, in the same spirit as the original legislators who created FELA to benefit victims of railroad worker accidents. 

• Described as the largest FELA lawsuit settlement in history, a 1999 settlement reached over $8 million.  A poorly trained teenager lost both legs as a result of a switching accident.  The FELA attorney proved that that victim of railroad worker accidents was poorly trained, making the railroad company liable for the injuries 
• In 1995, two railroad engineers suffered railroad worker accidents when their locomotive was sliced in half by a 40 foot steel beam overhanging the end of a railroad car in front of them.  Their FELA attorney was able to win a $2 million verdict in their lawsuit to compensate them for their Post Traumatic Stress Disorder
• An attorney was able to win a FELA lawsuit for an engineer whose train was improperly switched, putting them on a collision course with another train.  This victim of railroad worker accidents was injured jumping from the train just before the collision.  The jury awarded the plaintiff $1.1 million
• Another victim of railroad worker accidents was being transported by the railroad via bus when the bus ran off the road.  This train conductor was permanently disabled as a result of those injuries.  The railroad initially offered to settle for $10,000, but the victim went to court and a FELA attorney was able to win a jury award of $500,000
• Another conductor suffered railroad worker accidents and injuries after being hit by a moving locomotive.  The victim was in a coma for more than two months and awoke with a permanent brain injury, making them unable to work.  The attorney won a FELA lawsuit verdict of $5 million