specializes in personal injury cases including the Federal Employers' Liability Act, auto accidents, premises liability, workers compensation, malpractice, and product liability. We are designated legal counsel for a number rail labor unions including the BMWED, TCU, UTU-SMART, and BLE to represent their member's cases under the Federal Employers' Liability Act. The United States Congress, in 1908
, enacted the Federal Employers' Liability Act to protect the rights of railroad employees and their families in the event of injury or death of the worker. Under this law, the employee or his survivors have the right to file a claim against his employer in a state court or U.S. Federal Court and have an absolute right to trial by jury. The railroad employee involved in an injury case is entitled to an award according to the type of injury sustained and the extent of the injury whether it is temporary or permanent. He is entitled to an award for any disability or disfigurement, aggravation of a pre-existing ailment or condition and the pain and suffering experienced for the injury. In addition, the injured worker is entitled to an award of reasonable medical expenses incurred as a result of the injury up to and including such time as he would have retired from the railroad. In the event of the death of a railroad employee, the wife and children of the employee are entitled to an award for the pain and suffering experienced prior to the spouses death, an award for all reasonable medical care, treatment and services received prior to death and an award for the loss for support resulting from the death of the railroad worker. Pratt & Tobin, P.C. is a union-approved law firm. We have tried hundreds of cases for injured railroad workers and their families. We bring together all our resources to provide you with the strongest case possible. PERSONAL INJURY (Including Automobile Accidents and Premises Liability)
Many times, in situations which are not our fault, we find ourselves injured. This can occur in a number of different situations. If your injury is due to the wrongful conduct of someone else, then you may have the right to pursue a claim against that other person. Under those circumstance, you should seek the advice of an attorney. One of the worst things that you could do is give a statement to an insurance company or settle with that company without having an understanding of the complete nature of the injury and the circumstances surrounding your injury. You certainly should not have any hesitation in giving a statement to your own insurance company but difficulties may arise if you deal too much with the defendant's insurance company. If you are being hounded or harassed by that insurance company, you may need legal counsel. Our attorneys are always ready, willing and able to help you and provide any advice should you find yourself in such a situation. WORKERS COMPENSATION
If you have been injured on the job, states have laws that protect you. The Workers Compensation Laws can be complex and it may be necessary for you to seek an attorney, especially if your employer is trying to direct your every move. MALPRACTICE
If a doctor has failed to diagnose a condition or failed to properly treat a known condition that has resulted in injury to a person, you may have a claim. If you believe that you have suffered as a result of malpractice, it is important that you seek an attorney. At Pratt & Tobin, P.C., we have attorneys that also specialize in malpractice. We would be happy to look into your case and provide you with an opinion whether a malpractice case is present. PRODUCT LIABILITY
How many times have we heard about a piece of equipment or machinery not doing what it was supposed to do and hurting someone? If this has happened to you, you may have a claim or lawsuit based on defective nature of the equipment or product. This is called a product liability suit in which you may be able to sue the manufacturer for placing a product on the market which did not act in the manner in which it was intended. This can also apply to drugs and chemicals. These types of cases tend to be very complex and it would be to your advantage to seek an attorney as soon as possible. STATUTES OF LIMITATIONS
Federal and state laws have statutes of limitations. These are time limits during with a case can be filed with the court. Failure to file a case within the prescribed time period can prevent an injured party from making a claim. If you feel you may have a claim of any type you should consult an attorney earlier rather than late.
