Workers in railyards and on trains face numerous hazards. From suffering serious injuries in accidents to exposure to the various toxic substances associated with this kind of work, workers can suffer serious injuries. Occupationally-related diseases, like cancer, can appear long after railroad work has ended. If you are a current or former railroad employee who was recently diagnosed with cancer, recovering fair compensation from a negligent railroad company may literally be a matter of life and death. Fortunately, getting the financial compensation you need and deserve does not necessarily have to involve a prolonged and public court battle. Once retained, a seasoned railroad accident lawyer could explain how New York railroad cancer settlements work and help you start the process of pursuing one yourself.
Determining a Settlement’s Potential Value
Claims pursued under the Federal Employer’s Liability Act allow claimants to seek recovery for all their “compensatory damages.” Compensatory damages are all forms of harm, even in part, stemming from a defendant’s negligence that can be assigned a subjective financial value.
For example, if someone contracts lung cancer as a direct consequence of exposure to diesel fumes or asbestos while working in a railyard, they might be able to hold the railroad company that employed them liable for their losses. This includes losses with quantitative price tags like medical bills and lost wages, and also subjective, “non-economic” damages like pain and suffering and loss of enjoyment of life. This is true even if another factor, like cigarette smoking, also contributed to causing the disease. Accordingly, the exact value of a fair New York railroad cancer settlement can vary significantly from case to case, as an experienced attorney could explain in more detail.
What If a Railroad Employer Refuses to Settle?
Generally, most FELA claims begin with some form of informal settlement negotiations. After performing an initial investigation of their own, a railroad company that receives a report regarding a work-related illness may make an initial settlement offer that a claimant and their legal counsel can review and make a counteroffer on.
If negotiations stall, it may be prudent for a claimant to file a civil claim against the railroad employer. Filing a lawsuit does not irreversibly end the settlement negotiation process—in fact, it is possible to negotiate a settlement for a railroad cancer claim in New York all the way up to the moment a civil court passes down a verdict. Whether by settlement, lawsuit, or trial, your New York railroad lawyer will be able to determine the best path to take in your case.
Speak with a New York Attorney About Pursuing a Railroad Cancer Settlement
No matter how compelling a case you may believe you have against your current or former employer, recovering sufficient compensation for a cancer diagnosis related to railroad work is never a simple endeavor. The medical expenses and personal losses that come with these kinds of diseases are usually large, and railroad companies are generally resistant to accepting financial liability for every form of harm that cancer can produce.
With help from a qualified legal professional, though, you could significantly strengthen your claim and more effectively pursue the compensation you deserve. Learn more about New York railroad cancer settlements by calling today.