Celebrity's Death on the Alabama Warrior Railway Puts FELA Cases in the Spotlight Pegasus Legal Funding gives advice for FELA legal battles
NEW YORK, July 11, 2014 /PRNewswire/ -- The dangers of working on the railroad were put in to the spotlight earlier this month when former Survivor: Blood vs. Water contestant and Alabama Warrior Railway (ABWR) conductor and locomotive engineer Caleb Bankston, 26, died in a work-related accident while on the job.
According to news reports, Bankston "was checking on something in the small space between two of the cars when the train went off the tracks. Cops say the rear car slammed into the forward car... with Bankston caught helplessly between."
Work-related accidents on the railroad such as Bankston's that result in either injury or death, can lead to FELA (Federal Employer's Liability Act) legal battles and can create financial hardships for both victims and their families as they try to stay afloat while waiting for their case to be successfully resolved.
FELA was established by Congress in 1908 to provide a system of legal recovery for railroad workers and their families for injuries suffered by a railroad worker while on the job. Almost any worker, even those whose primary responsibilities are not performed in or around trains, that is employed by a railroad company is protected under FELA if they are injured on the job.
FELA differs from "no fault" worker's compensation laws in that while it requires the plaintiff to show a level of negligence on behalf of the defendant (usually a railroad, other employees and/or an equipment manufacturer), however, the plaintiff's burden of proof is less than the amount he would have to prove under an ordinary negligence claim.
While a FELA case has a lesser burden of proof, it still can take time to prove a case and FELA cases often drag on, leaving victims and families out of work and unable to manage their day-to-day living expenses. That's where a resource like Pegasus Legal Funding, the lawsuit settlement company, comes in.
"Even with an experienced attorney, unless it is clear that the defendant violated federal standards pertaining to workplace safety, that are set out for example in OSHA (Occupational Safety and Health Administration) regulations, the Boiler Inspection Act and the Safety Appliance Act, it could be more difficult to settle a FELA claim," said James Sheridan of Pegasus. "That's where Pegasus comes in. We're here to give victims and their families the money they need to make it through until their case is successfully resolved."
If you or a loved one have been a victim of a railroad accident while on the job and may be, or currently are, involved in a FELA lawsuit and are in need of settlement funding, you may apply right now to: http://www.mylawfunds.com/contact-us.html. As a direct funding company, Pegasus Legal Funding is in a unique position to provide assistance to you or your loved one's that may be involved in a lawsuit related to a trucking accident. Our company does not offer a "lawsuit loan", lawsuit loans, pre-settlement loans, or a pre-settlement loan, however, we offer non-recourse lawsuit cash advances. To learn more about this please visit our website. If you prefer to speak to a live representative confidentially and professionally about your specific case and funding needs you may call Pegasus' toll free hotline at 855-FUND-YOU/855-386-3968.
SOURCE Pegasus Legal Funding