Frequently Asked Questions (FAQs)
What inquiring minds want to know about personal injury…
Personal injury cases often involve complex laws. Every case has a time limit within which you must file a lawsuit, or you will be precluded from recovering anything. Each jurisdiction and type of case has a different statute of limitations. Consult the attorneys at Faerber & Anderson for answers to your questions. We welcome the opportunity to talk to you about your case.
What should you do:
- After sustaining a head injury?
- After an amputation?
- After a truck accident?
- When you have been injured by a defective or unsafe product?
- When you suspect medical malpractice?
- When injured on private property?
- If you are injured at work on a railroad?
- If you are injured in a crossing accident?
What is the:
What to Do After Sustaining a Head Injury:
Part of the problem is that you may not realize that you are impaired. It is always a good idea to seek a medical opinion after a car accident, especially one involving a blow to the head or serious jarring forces. Do not ignore the observations of your friends and family when deciding whether to seek a medical opinion.
Seek medical treatment immediately. Get in touch with a head injury specialist. It is unwise to wait to seek medical treatment. The other party’s lawyers may claim that the injury was not accident-related and the statute of limitations may run out.
Gather evidence. Get contact information from eyewitnesses or ask a friend to help. Talk to your doctors, nurses, and support staff about obtaining copies of medical records.
Avoid answering questions. Do not give a recorded statement. Insurance adjusters are prepared to offer you a settlement that is much less than you deserve. Speak to an attorney before you provide information or accept such an offer.
Keep a journal. Record the dates and types of treatments you receive, and any symptoms that you experience on any given day.
Document everything. The more proof you have of medical expenses and lost wages, the more likely you are to earn compensation for these expenses and opportunity costs.
Do not drive or operate machinery. Even if you feel you have to work, you should not endanger your welfare or the welfare of others.
Call our attorneys today. We will inform you of your legal rights and options.
What are Symptoms of a Head Injury?
If you have sustained a head injury, such as post-concussive syndrome, you may experience one or more of the following symptoms:
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What to Do After an Amputation:
Gather evidence. Get contact information from doctors and eyewitnesses or ask a friend to help you gather documentation.
Avoid answering questions. Do not speak to even your own insurance representatives without an attorney present. They are looking to expedite your claim as quickly and cheaply as possible on behalf of the insurance company, and your statements may be misunderstood or misused.
Document everything. Get a doctor's note for time off work, even if you are self-employed. Keep receipts for medications and treatment.
Talk to our attorneys today. We will advise you further of your legal options.
What are the Rehabilitation Resources Available to Me After Amputation?
A young, male railroad client who lost both his legs above the knee in a tragic accident ended up providing inspiration and motivation to the attorneys of Faerber & Anderson to try and help every amputee client obtain the same level of functioning. After attending the Institute for Rehabilitation and Research in Texas, or “TIRR”, the amputee snow skis, rides a bike, and scales mountains.
Some of the local resources available to those who have been the victim of an amputation are good. However, some of the work that is being done nationwide is truly amazing, including the use of bionic prosthetic devices, robotic assistance in walking and computer games to help the rehabilitation process.
If you have been the victim of an accident involving amputation, contact the attorneys of Faerber & Anderson, P.C. for more information as to what resources are available to you.
Useful Links:
- The Institute for Rehabilitation and Research in Texas (TIRR)
- The Rehabilitation Institute of Chicago
- A Directory of Amputee Support Groups
What to Do After a Truck Accident:
Seek medical help. Even if you feel fine, you may have sustained internal injuries.
Gather evidence.
- Report the accident to the police.
- Exchange contact information with the other driver.
- Write down the name, address and phone number of any witnesses.
- Take pictures of your vehicle and your injuries.
- Take note of statements made by other parties.
- Pay attention to weather, road, and lighting conditions.
- DO NOT give a recorded statement to insurance representatives or the other driver.
Do not say or sign anything. Wait until you have an attorney present before speaking with or signing documents drafted by the other driver, insurance claim adjusters, and other interested parties.
Document everything. After the accident, gather medical reports from doctors or hospitals and keep track of any expenses or lost wages incurred.
Speak to our attorneys today about your accident or injury. We have the skills and experience necessary to help you prove your claim.
What to Do When You Are Injured by a Defective or Unsafe Product:
Keep the product. It is evidence that the item was indeed defective. Be sure to save the sales receipt, instructions, packaging, manual, and accessories.
Never return the product to the manufacturer. It can easily get lost or misplaced.
When it is not possible to keep the product, gather as much information as you can about it. Take pictures of the product. Look for:
- Tags, stickers or decals with identification numbers
- VIN numbers
- Make and model
- Manufacturer name
- As much additional information as you can gather
Seek medical help. A doctor can help you identify, diagnose, and treat injuries invisible to the naked eye.
Document evidence. Photograph or videotape the product and injuries.
Call our attorneys today. We can advise you further of your legal options.
What is Products Liability?
Products liability involves cases where someone is injured as a result of a product that is not safe when it is used in a reasonable manner. Injuries can occur when a product does not have proper safety features or warnings or when it has been poorly designed.
Some examples that we have handled include:
- A riding lawnmower without a proper safety guard in the seat, which resulted in a severed limb;
- A cooked chicken breast sold without any warning or indication of the expiration date, which resulted in severe food poisoning, lead the client to pass out and fall on her face, causing a broken jaw, broken teeth and broken nose;
- An office chair that broke at the bottom welds, causing the chair to pitch forward, resulting in knee injuries.
What to Do When You Suspect Medical Malpractice:
Keep track of everything. Record the time and date of your office and hospital visits, the doctors you saw, and the treatments you received. Save your receipts and prescription bottles.
Obtain copies of your medical records. This is the most crucial piece of evidence for your case.
Get a second opinion. Our attorneys can recommend a doctor for you to meet with who is qualified to evaluate your medical records without bias.
Do not discuss your case with other doctors. Your words may come back to haunt you in court.
Contact our attorneys immediately. The statute of limitations allots you a specified period of time in which to file your claim.
What to Do When Injured on Private Property:
Report your accident. The property owner should file an accident report with the insurance. Request a copy of this document.
Seek medical treatment. A doctor can identify, diagnose, and treat your injuries. Keep a copy of the report.
Gather evidence. Photograph your injuries and the scene of the accident. Get the names and numbers of any eyewitnesses.
Save your clothing. Clothes and shoes contain residual evidence.
Contact our attorneys. Talk to us before signing any documents, making any recorded statements (written or taped), or even speaking with property owners, their employees, or insurance claims representatives.
What to Do If Injured at Work on a Railroad:
Seek medical help. Consult your own doctor or visit the emergency room as soon as possible. A doctor can properly diagnose:
- Repetitive stress injuries like injuries of the back and neck, shoulders, and knees
- Respiratory injuries resulting from inhaled diesel exhaust, welding fumes, chemical and asbestos exposure
At the hospital:
- Give the doctor your health insurance card.
- Tell the doctor how you were hurt.
- The railroad does not have the right to be present.
At work:
- Report the injury to your supervisor.
- Complete and turn in a personal injury report as soon as possible. Keep a copy.
- Keep in mind that in order to recover for your injuries you have to prove the railroad did something wrong.
Filling out the personal injury report. When you fill out a PI report, the most important thing to remember is that most railroads have designed their forms in a confusing way to try and hurt your FELA case. When you add to the confusion and stress of an injury the fact that you have to fill out a PI report right away, often in the supervisor’s office, it can be very difficult to fill out the form correctly.
Keep in mind, in order to have an FELA case, you must prove the railroad was at fault. Any fault on your part decreases or can eliminate the amount of your recovery. Examples of PI reports are included here:
Because it is so confusing and stressful to fill out a PI, it is always best to talk to an attorney FIRST, and bring your local chairman with you to help and be a witness.
Our advice to clients:
- NEVER give a recorded statement or interview.
- DO NOT admit fault.
- Keep a list of witnesses, tools or equipment involved.
- Keep copies of your medical bills.
- Follow the union’s recommendations to protect your job security.
- Do not disregard the railroad’s letters asking for medical information – turn them over to your attorney.
- If you are off work, keep in mind the railroad may be conducting surveillance on you.
- You have 3 years to file a lawsuit.
- At any time, contact our office toll free (866)-589-9800 for a free consultation on your rights.
Speak with our lawyers. Talk to us before filling out any documents.
What to Do If Injured in a Crossing Accident:
File a police report. The police will gather evidence at the scene of the accident.
Gather evidence. Obtain contact numbers from eyewitnesses, and photograph the scene of the accident.
Do not speak to anyone other than your doctor and lawyer. Your statements can be misconstrued and used against you.
Document everything. Keep a record of doctors' visits, expenses, and lost wages to assist with remuneration.
Contact an attorney. We are ready and able to take your call.
What is the Jones Act?
The Jones Act provides a remedy for maritime workers, which include barge workers, sailors, fishers, ferry workers, divers, and all others injured on the job while in service to a vessel on navigable waters. In order to recover, the seaman must prove the injury was caused by either (1) negligence of their employer or fellow crew or (2) the vessel had unseaworthy (unsafe) conditions.
Unlike worker’s compensation cases, under the Jones Act, an injured seaman has the right to bring a lawsuit in a regular civil court, with the right to recover the full measure of the seaman’s damages. In other words, if the maritime worker can prove negligence, he or she can recover pain and suffering, disability, disfigurement, their full wage loss and benefits, and their future wage loss or impairment of earning capacity.
As a result, Jones Act cases tend to be worth more than worker’s compensation cases. The barge companies know this and hire experts early on to try and minimize the value of their employees’ cases. You need to KNOW YOUR RIGHTS. Contact an attorney at Faerber & Anderson, P.C. as soon as possible for a free and CONFIDENTIAL consultation.
What are my rights under Maintenance and Cure?
If you are injured or become ill while working on the river in the service of a vessel, the employer is bound by this law to compensate injured workers for:
- Transportation: cost to transport the injured worker to a medical facility
- Wages: to be paid until the vessel’s trip is complete
- Maintenance: onshore room and board expenses, typically $20 to $45 a day, to be paid while the employee is off work by doctor’s orders
- Cure: medical expenses for a doctor of the employee’s choice, paid up to the point of maximum medical cure—the point at which the condition will no longer improve despite further medical treatment, as with permanent disability
If the injury resulted from negligence on the part of the employer, the courts may award you an additional sum for pain and suffering, lost wages, and other damages under the Jones Act.
What is the Federal Employers' Liability Act (FELA)?
The Federal Employers' Liability Act allows railroad workers engaged in interstate commerce to sue their employers for injuries resulting from negligence, failure to provide safety training or equipment, or violations of the Safety Appliance Act or the Boiler Inspection Act. To successfully sue your employer under the FELA, you need to prove that you have been injured on the job because of NEGLIGENCE on the part of your employer.
Unlike worker’s compensation cases, under the FELA, a railroader has the right to a jury trial heard in a regular circuit court. This provides the injured railroader with access to recover the full measure of damages to which they are entitled. In other words, if the railroader can prove negligence, he or she can recover pain and suffering, disability, disfigurement, their full wage loss and benefits, and their future wage loss or impairment of earning capacity.
As a result, FELA cases tend to be worth more than worker’s compensation cases. The railroads know this and hire experts early on to try and minimize the value of their employees’ cases.
The railroads are extremely successful in pressuring employees not to turn in an injury, especially a reportable, lost-time traumatic injury. Once an injury is turned in, a claims representative tries hard to manipulate an employee’s medical care and to obtain a written statement, all in an effort to minimize the employee’s case.
You need to KNOW YOUR RIGHTS.
YOU GET TO CHOOSE YOUR OWN DOCTOR.
YOU SHOULD NOT GIVE A RECORDED STATEMENT.
Contact an attorney at Faerber & Anderson, P.C. as soon as possible for a free and CONFIDENTIAL consultation.
What is the Safety Appliance Act?
The Safety Appliance Act requires that railroad trains contain:
- Cars equipped with air brakes so that the engineer can control the speed of the train without relying on the brakeman to use the hand brake.
- Couplers at the ends of cars that can be coupled and uncoupled automatically—without having a person positioned between the ends of cars to uncouple them
- Secure handholds on the ends of cars to assist people positioned between them in coupling and uncoupling cars manually
- Secure running boards, sill steps, ladders, grab irons, and handholds
When the railroad violates the Safety Appliance Act and that leads to an employee’s injury, the railroad is held absolutely liable. In other words, the employee’s contributory negligence is not a defense in the FELA case. Call Faerber & Anderson, P.C. to see if you have a Safety Appliance Act claim.
What is the Boiler Inspection Act?
The Boiler Inspection Act (also known as the Federal Locomotive Inspection Act) protects employees of the railroad by imposing an absolute duty upon the railroad to furnish and maintain the parts and appurtenances of their locomotives in a safe and proper condition. An “appurtenance” is simply something that is attached to the locomotive engine or that is necessary for its use. Something can be an appurtenance even if it is not required by federal regulations. In order to recover under the Boiler Inspection Act, it is not necessary to prove a specific mechanical or structural defect, only that part of the locomotive was unsafe.
Some of the types of Boiler Inspection Act claims that Faerber & Anderson have handled include:
- Locomotive Cab Crashworthiness claims - many cabs consist of tight, cramped quarters that contain metal control stands, metal levers, steel cab walls and metal heater boxes, all of which have no padding or protection, and can be extremely dangerous in the event of a crash or derailment;
- Defective Seat Cases – broken pedestals, stuck armrests, inadequate shock absorbers have all led to traumatic and repetitive trauma injuries;
- Grease, or oil, sand, ice and other foreign substances on running boards or catwalks
- Broken or missing screens; and
- Exploding toilets.
The benefit of proving a Boiler Inspection Act claim is that any contributory negligence by the employee does not reduce the verdict. Call Faerber & Anderson, P.C. to see if you have a Boiler Inspection Act claim.
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