Blalock & Blalock, P.C. | Birmingham, Alabama
Toll Free: (800) 433-3352
I. NEGLIGENCE BY THE RAILROAD:
A. Foreseeable to the railroad
1. They had prior notice of defect/condition.
2. They had complaints by you or co-employees.
3. It was an open and obvious unsafe condition/tool and even if no complaints were made, they should have known about the condition/tool. (This is called Constructive Notice.)
B. Causation
1. Was your injury actually caused by the unsafe condition/tool or was this a preexisting injury with a cause unrelated to this accident?
FELA
We first must prove that the injury was caused and/or aggravated by this accident. If we cannot prove this, then there is no basis for recovery.
A. Past Lost Wages
1. All wages from date of injury to date of trial (based on past twelve months of income, less taxes).
B. Future Lost Wages
1. Those wages you expect to lose from date of trial until the end of your work life expectancy (WLE) and/or retirement.
2. The WLE is figured by an economist we hire.
3. If it is based on your retirement, then the longer you work before retirement, the higher the recovery.
4.This figure is reduced to present value which means the amount of money it would take today to pay out the money you would make the rest of your working life.
C. Loss of Future Insurance
1. This is the cost to you in replacing your Railroad Provided Health Insurance for you and your family.
D.Past and Future Mental and Physical Pain and Suffering
1. This is based on your Life Expectancy.
2. The jury can award a reasonable amount and your testimony will greatly determine what is awarded.
E. Loss of Enjoyment of Life
1. This is based on how the injury has affected your every day life.
2. The jury can award a reasonable amount and your testimony will greatly determine what is awarded.