Law Firms, like every industry, have different business philosophies. They also have
theoretical differences in the management of cases. The first thing a railroad
worker should be looking for is a law firm experienced in the Federal Employers
Liability Act (FELA). This means the firm handles personal injury claims for
railroad workers under a very different set of rules than that of a non-railroad
personal injury claims. Secondly, you should be looking for a firm that is capable
of presenting your case to a jury, moreover, one that prepares your case for that
very possibility. Anything less puts you in a position of weakness and gives you
little leverage to successfully settle your case in a fair and equitable manner.
Some Questions to Ask:
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Have you handled cases against the railroad I work for?
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Can you give me references?
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How many of your settlements are decided by a jury in an average year?
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If my case goes to trial, who will be my lawyer?
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Do you plan to take my case to trial?
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Have you ever lost an FELA case?
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How many years have you been handling FELA claims?
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Are there any hidden costs in your contract?
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Can I expect to talk to you when I call?
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Can you help me with my benefits, disability applications, etc.?
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Do I have the final word on settlement negotiations?
Some Thoughts To Consider:
The most important aspect of hiring legal reepresentation is trust. If you hire someone you do not trust you will never be satisfied with their work. Your legal representative will become your spokesperson on all legal matters pertaining to your case, and you must be comfortable with their integrity and ability to do so.
Communication is of the utmost importance in building a workable relationship with your lawyer. You need to know your lawyer will take your call or call you back whenever you need them.
You should have a clear understanding about who will represent you if your case goes to trial. If you hire Ed, Ryan, or Susan Brennan to represent you, then you have every right to expect them to represent you.
Almost every FELA contract is a percentage, plus expenses, and you will pay nothing if the firm fails to win your case. You should have a clear understanding about expenses and what they consist of.
Many firms are negotiators and seldom, if ever, go to trial. This is a strategy that is usually faster, but almost always lessens the value of a claim. Without the threat of a law suit and jury trial, the firm has no real credibility or leverage. In our opinion, you should not hire any firm that does not have comprehensive trial experience. We believe every case should be prepared for trial from the start.
Remember, the law firm is working for you and you have the right to know everything about them. When interviewed, if they do not meet your expectations you should interview with other firms. Take the time to know who you're hiring, it may be the most important decision you'll ever make.
If you would like to interview our firm, receive a free claim evaluation, or request references, you may do so by contacting us at your convenience.
This page was last updated by Tim Latimer on:
July 1, 2005