When you want to recover compensation from another party for damages caused by their negligence, it’s not always as simple as claiming you were injured and receiving a check in the mail. Negligent parties, especially railroad companies, will do everything possible to avoid liability, so you must take the necessary steps to protect yourself. One of the most important things you can do is gather evidence to help support your claim that your railroad employer was negligent for the accidents you sustained. If you’re unsure what documentation to gather or why you need a FELA lawyer, you’ll want to keep reading.
What Is the Burden of Proof in a FELA Claim?
In most cases, whether criminal or civil, there is a standard that must be met to prove that the other party is liable. In most criminal cases, this is the “beyond a reasonable doubt” standard, which is the most strict. However, in personal injury cases, this standard is known as the “preponderance of evidence,” which simply requires the plaintiff to prove that their version of events is more likely to have occurred.
What Evidence Can Help Support My Case?
However, just because the burden of proof for these matters is not as high does not mean you should take these matters lightly. Unfortunately, railroad companies have expendable resources to attempt to deny your claim. As such, it’s imperative to gather evidence to help show that their negligence is the reason for your injuries.
Generally, some of the most important evidence you can gather is medical bills. Not only do they establish when you began receiving care for the injuries you endured, but they can also help show the extent of the damages sustained. Your doctor can include comments about how these injuries happened, the healing timeline, and any additional care that may be necessary.
You should also take photos and videos of the accident scene, if possible, as this can help show safety violations and the state of the scene when your injury occurred. You should also talk to witnesses and gather their statements, as this can help corroborate your story.
Though the burden of proof is lighter than other kinds of injury cases, ensuring you have an experienced FELA attorney on your side during these matters is critical. Unfortunately, failure to protect yourself in these instances can leave you struggling to recover the compensation you deserve. As such, the most important thing you can do is connect with an experienced attorney from Doran & Murphy who can help represent you in these matters. We understand how complicated these issues can be, which is why our team is dedicated to fighting for you. Contact us today to learn more.
