There are very few things more heartbreaking than having to tell a potential client that it is too late for them to bring a claim, but it happens very often. When a railroad worker is diagnosed with cancer, a lawsuit or claim against the railroad is the last thing on their mind. People are trying to understand their diagnosis, their prognosis and get the best treatment that they can to treat their disease. Unfortunately, there are very strict time limits on bringing a railroad cancer claim.
What is the time limit to bring a railroad cancer claim?
A railroad worker has only three years to bring a claim for his or her cancer. This is called a “statute of limitations.”
When does the time limit start to run?
The three-year time limit starts from the date that the worker is diagnosed with a condition and they know, or should know, that it is work-related. The “discovery rule” can provide an extension to the time limit by starting the time limit from the date the worker “discovers” the work-relatedness of their condition.
How long can the time limit be extended if I didn’t know that my cancer was related to my work on the railroad?
This is very specific to each individual person, as it depends on what actions you took to investigate the cause of your cancer. A person who takes over three years from diagnosis to bring a claim has the burden of showing that he or she took action to find out the cause of their cancer diagnosis. Simply “not knowing the cause” is not sufficient to extend the statute of limitations. An experienced railroad cancer attorney can evaluate whether your claim is timely, so contact us today.
How long do family members of a deceased railroad worker have to bring a claim?
The discovery rule extension requires the railroad worker to explain what he knew and when. As such, if your loved one passed away more than three years ago, our firm would likely not be able to assist in bringing a railroad cancer claim.
