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FELA Cases are Negligence-Based

Whether representing injury victims or their families in wrongful death cases, New York train accident lawyers must prove negligence on the part of the railroad company. Courts base FELA cases on comparative negligence laws, which means plaintiffs may recover damages even if the court assigns a fault percentage to the plaintiff. For example, if the court determines that the plaintiff was 60 percent at fault for causing the accident, the plaintiff can still recover 40 percent of the damage amounts claimed. Recoverable damages in FELA cases include:

  • Lost wages (past, future, and insurance coverage)
  • Medical costs (past and future treatment)
  • Pain and suffering
  • Mental distress
  • Permanent injury
  • Scarring or disfigurement

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