At our law firm, we offer you a unique level of attention. We hope that these frequently asked questions will help you understand more about the way we work and validate our passion for helping people who are going through difficult situations.
The FELA claim you have filed does not end upon your death. In the event of your death, your estate takes over the claim, and your surviving family members may pursue compensation for harms you suffered before your death. This includes both medical expenses and pain and suffering. Under the FELA, your family can also file a wrongful death claim to recover financial and emotional losses.
FELA allows surviving spouses, children, and dependent parents to file wrongful death claims. Depending on the circumstances, dependent siblings or other relatives of the deceased worker may also be entitled to compensation. A claim is usually filed by the personal representative of the deceased worker's estate on behalf of the family members of the deceased worker.
FELA wrongful death claims give families the opportunity to recover both economic and non-economic damages. A few examples of economic damages are as follows:
Other than economic damages, non-economic damages are intended to compensate families for their profound losses. Surviving family members may be entitled to compensation in the following situations:
FELA wrongful death claims must prove the railroad's negligence contributed to the worker's death. In death cases, the legal standard is the same as in injury cases: the railroad's negligence must have played an elemental role in causing the injury or death.
Injury severity and circumstances, foreseeability of harm, evidence of negligence or unsafe conditions, the worker's role and responsibilities, the deceased's age, earning potential, and the dependency status of the surviving family members all play a role in determining damages.
We have extensive experience handling FELA claims and understand how devastating these losses can be for families. We can evaluate your wrongful death claim if you provide death certificates, medical records, employment records, and documentation of financial dependency if your loved one died as a result of a railroad work injury or occupational cancer. For a free case evaluation, contact Environmental Litigation Group today and let our attorneys help you file a wrongful death claim and pursue compensation for your family.