Railroad Settlements and Colon Cancer
Railroad workers are at greater risk of developing certain cancers due to exposure to toxic chemicals. They work around diesel exhaust as well as other workplace toxins, such as silica sand, solvents asbestos and creosote.
Hughes Law Offices has won many large verdicts and settlements in these cases. Below are a few examples.
FELA Lawsuits
Workers who have been diagnosed with cancer as a result of their work, regardless of their position on the railroad can submit a claim under Federal Employers Liability (FELA) Act. This legislation was passed over 100 years ago and has helped hold railroad companies accountable when their employees are injured.
The law allows railroad workers injured by injuries to recover damages for medical expenses, lost wages and suffering. The monetary awards for pain and suffering are indefinite. A FELA attorney will interview the client and their family to get a better understanding of the impact cancer has affected their lives. Oncologists and chemotechnicians can also be consult.
A FELA case has the benefit of being filed in either state or federal court. Federal substantive law governs FELA claims but federal courts have a wide decision-making authority to apply common tort law principles in cases filed under FELA.
Liability is the primary issue that a plaintiff faces in a FELA lawsuit. Railway companies frequently use the defense of comparative negligence to shift the burden of liability. Former railroad workers can overcome such challenges with the help of an experienced attorney.
Medical Costs
A cancer diagnosis for a railroad employee can result in a range of financial issues. Cancer can also result in the need to take time off from work, which can result in loss of wages and increased costs for caregivers. Medical bills and other expenses could cause a massive debt. To pay for these expenses, workers may seek compensation through settlement under the Federal Employers Liability Act.
FELA lawsuits may award damages for future and past medical expenses as and non-tangible results like suffering and pain. A skilled FELA lawyer can help clients to determine an amount that is fair for the different aspects of their injury. Settlements should be sufficient to cover future and past medical expenses as well as compensate the victim for any loss of income caused by their illness.
Railroad workers are exposed to several toxic substances while at their job. Diesel exhaust and asbestos have been linked to colon cancer. Exposed to metal-working fluids (soluants), pesticides, and other chemicals could increase the risk of cancer. Multiple myeloma settlements could establish a connection between a worker's on-the-job exposure and health condition.
Although every case is not the same, a comparison of the history of FELA settlements and verdicts may provide a great idea of the amount that could be paid for a railroad cancer case. The attorneys at Hughes Law Offices could analyze a settlement offer to determine if it can be sufficient to meet the needs of a client.
Pain and Suffering
Legally, pain and suffering refers to the physical and mental trauma that can result from an injury or medical incident. A jury may award a victim for suffering and pain and this could be a crucial element of a lawsuit under the Federal Employers Liability Act. A lawyer who is knowledgeable about your situation could help you determine the amount that is appropriate for damages.
Employers often offer settlement options for an injured employee before or during the trial. However, it is wise to scrutinize any settlement offer carefully prior to accepting them. A lawyer from the railroad industry can evaluate a settlement offer to determine if the offer is appropriate and fair in the circumstances. They can also compare an offer with legal precedents to determine whether it's worth accepting the offer or bringing the case to court.
Loss of Earnings
Railroad workers could be entitled to compensation for lost earnings. The money won't be able to replace the time lost due to this disease and it is not able to help to restore their health. However, it could give financial stability to families during this challenging period. railroad injury settlement amounts could assist in gathering evidence to show the victim's financial loss including pay stubs and tax returns.
Exposed to Multiple myeloma settlements like asbestos and diesel exhaust puts railroad workers at a greater chance of developing illnesses such as colon cancer. union pacific settlements at Hughes Law Offices will consider all possible sources of exposure into account when seeking damages for a client.
Colorectal cancer is diagnosed through stool tests, blood tests and biopsies taken from suspicious regions of the colon or rectum. Treatment options include chemotherapy, surgery and radiotherapy. A victim of colon cancer due to work on the railway may be able to claim significant compensation to pay for future medical bills, loss of earnings as well as pain and suffering, and other damages.
FELA sets a time of limitations of three years for pursuing an action against a railway employer for injuries or illnesses that happen in the course of work. An experienced lawyer for railroad accidents can help evaluate the potential settlement offer to determine if it is fair and adequate given the circumstances.