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.)
1. Was your injury actually caused by the unsafe condition/tool or was this a preexisting injury with a cause unrelated to this accident?
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.
1. All wages from date of injury to date of trial
(based on past twelve months of income, less taxes).
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.
1. This is the cost to you in
replacing your Railroad Provided Health Insurance for you and your family.
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.
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.