WHAT IS THE STATUTE OF LIMITATIONS FOR RAILROAD INJURY CASES?

The statute of limitations is a rule that sets a time limit for starting a lawsuit. To comply with the law, a lawsuit must be filed in court and properly "served" on the defendant within the time limits applicable to your case.

Statutes of limitations set very strict rules. If it is not done right, your case is over before it begins. You can't say you did not know the rules. You can't say I forgot. It is either done right or it is not done at all.

What time limits apply to railroad cases? That really depends on the nature of the case.

If you are employed by a railroad you can make claims under the Federal Employers' Liability Act. (FELA). The time limit for FELA claims is three years. If you are not a railroad employee, or if your claim is against someone other than your railroad employer, the time limit is usually governed by the law of the state where the accident occurred. SOME STATES HAVE VERY SHORT TIME LIMITS. For instance, the statute on injury cases in California is ONE YEAR.

EXAMPLE: You are working for Railroad A and are on board a train Railroad A is not at fault. Railroad B is negligent and causes a collision with your train. You are hurt. The accident occurs in California. YOUR TIME LIMIT MAY BE ONE YEAR.

In some cases the statute does not begin to run until you "discover" you have a claim. This typically occurs in hearing loss cases. A comment made to a doctor, or an answer on a company form questionnaire, may be sufficient to establish notice. If you have a hearing loss or cumulative trauma injury, you are well advised to contact an attorney as soon as possible.

Any delay could be fatal to your claim.