Railroad Settlements and Colon Cancer
Railroad workers are at greater chance of developing certain cancers due to exposure to toxic chemicals. They work with diesel exhaust and other workplace toxins like silica sand, solvents, asbestos, and creosote.
Hughes Law Offices have won large verdicts and settlements for these cases. Here are some examples.
FELA Lawsuits
Regardless of the position they held at the railway, employees who are diagnosed with cancer linked to their work can file a claim for compensation under the Federal Employers Liability Act (FELA). This legislation was passed over a century back and has helped to hold railroad companies accountable when employees are injured.
The law allows railroad employees who are injured to claim damages in the form of medical expenses, lost wages and discomfort and pain. Colon cancer lawsuit settlements for the pain and suffering of injured workers are unlimited. A FELA attorney will interview the client and their family members to get more information about the impact cancer has had on their lives. Consultation with oncologists and chemotherapy technicians could be beneficial.
A FELA case has the benefit of being filed in either state or federal court. Federal substantive law governs FELA claims, but federal courts are able to apply common tort law principles for cases brought under FELA.
The main challenge facing a plaintiff in a FELA action is establishing the extent of liability. Railroad companies often employ comparative negligence as a defense to shift responsibility. However, with the help of a competent attorney an ex-railroad worker could triumph in the face of these kinds of challenges.
Medical expenses
A diagnosis of cancer for a railway worker can lead to a number financial hardships. Cancer can also result in time off work, which can result in loss of wages and increased costs for caregivers. Medical charges and other costs can also result in a huge debt. Workers can be compensated for these expenses via an agreement made under the Federal Employers Liability Act.
FELA lawsuits can provide damages for future and past medical expenses, as and non-tangible results like pain and suffering. A FELA lawyer with experience will assist clients in determining the right amount of compensation to compensate for their injuries. Settlements should cover all past and future medical expenses, and also compensate the victim for any income loss caused by their illness.
Rail workers are exposed various toxic substances during their work. union pacific settlements and diesel exhaust have both been linked to colon cancer. Exposure to solvents, metal-working fluids, pesticides and other chemicals may also increase a person's chance of developing cancer. A railroad colon cancer lawyer may be able to establish a connection between the exposure to chemicals that a worker is exposed to on the job and their health condition.
While no two cases are the same, a review of previous FELA verdicts and settlements can provide a good idea of the potential payout for a railroad cancer claim. The lawyers at Hughes Law Offices could examine a settlement offer to determine if it will adequately meet the needs of a client.
Suffering and Pain
Legally pain and suffering refers to the physical and mental trauma that is caused by a medical accident. A jury can award a victim for their suffering and pain and this could be an important component of a lawsuit under the Federal Employers Liability Act. A skilled lawyer can help determine the appropriate amount for damages that are specific to your situation.
Often, employers will offer to settle a claim of an injured employee prior to bringing the case to trial or while the trial is ongoing. However, it's advisable to study any settlement offers carefully before deciding to accept the offer. A railroad cancer lawyer can review a settlement offer to determine whether it is fair and appropriate under the circumstances. They could also compare the offer with precedents in law to determine whether it's worth accepting the offer or taking the matter to the court.
Loss of Earnings
A railroad worker may be eligible for compensation for lost earnings. Colon cancer lawsuit settlements will not cover the time that a worker lost due to this disease and it is not able to improve their health. However, it may help families during this challenging time. A lawyer for railroad injuries can assist in obtaining evidence to show the victim's financial losses, including pay stubs and tax returns.
The exposure to dangerous chemicals such as asbestos and diesel exhaust puts railroad workers at a greater chance of developing illnesses such as colon cancer. The lawyers at Hughes Law Offices will take every possible source of exposure into account when pursuing damages for clients.
Colorectal carcinoma is detected by stool tests, blood tests and biopsies taken from suspicious regions of the colon or rectum. The use of chemotherapy, surgery, and radiation are treatment options. The person who has colon cancer as a result of working on the railway may be able claim substantial compensation to cover the medical bills of the past and future as well as loss of earnings, pain and suffering and other damages.
FELA offers a three-year period of limitations to pursue the railroad company for on-the-job injuries or illnesses. A railroad injury lawyer can help evaluate the settlement offer and determine whether it is fair.