Which railroad cases can you refer to us?
Any case where a railroad, a railroad employee or a passenger train is at the center. Lawyers most often send us
- Injured railroad workers. On the job injuries under the Federal Employers’ Liability Act, for every craft on every Class I railroad, Amtrak and the commuter lines. See how a FELA claim works.
- Railroad occupational disease. Cancer and lung disease from diesel exhaust, asbestos, silica, benzene or creosote, including claims by retirees and families. See railroad cancer claims.
- Railroad deaths. A FELA death claim for the family of a railroader killed on the job. See FELA death claims.
- Railroad whistleblower cases. Discipline or firing for reporting an injury or a hazard, under the Federal Railroad Safety Act. See FRSA whistleblower protection.
- Train passenger accidents. Passengers hurt on Amtrak, Metra or other commuter trains, on a platform or in a derailment. See train accident claims.
If you are not sure a case fits, call anyway. There is no charge to review a referred case.
Why refer a FELA case to a railroad injury firm?
FELA is federal law with its own rules, and railroads defend these cases every day. A railroad injury firm already knows the ground they fight on.
- A different standard of proof. FELA makes the railroad liable for an injury caused in whole or in part by its negligence, and a worker’s own share of fault reduces damages but does not bar them. A violation of a safety statute that contributed to the injury removes that reduction entirely. See fault under FELA.
- A three year deadline. A FELA action must be filed within three years of the day the claim accrued, under 45 U.S.C. § 56. An FRSA complaint has a much shorter window, 180 days.
- Venue decisions that shape the case. FELA cases can be filed in federal court or in state court, and a case filed in state court cannot be removed to federal court (28 U.S.C. § 1445(a)). Where a case can be filed against a given railroad is its own question. See where a FELA case is filed.
- Claim agents and early evidence. Railroad claim agents often reach an injured worker within days, for a recorded statement or a release. Event recorder data, video, radio recordings and the injury report can be lost if no one asks for them to be preserved early.
What do we do when you refer a case?
The structure is your choice. In a full referral we take over the legal work and keep you informed. As co-counsel you stay involved, and we divide the work in writing.
- A prompt case review. We look at liability, damages, deadlines and venue, and we tell you honestly if a case is not a fit.
- Investigation and preservation. We ask the railroad to preserve evidence, gather the reports and witness statements, and retain the experts the case needs.
- Your client, our attention. Your client hears from us directly and is never handed off to a claim agent’s timeline.
- You stay informed. We update you at every major step, from filing to settlement talks to trial.
- Ready for trial. We prepare every case as if it will be tried, because that is what moves a railroad to pay fair value.
How do referral fees work?
Lawyers in different firms may share a fee when the rules of professional conduct allow it, and we put every arrangement in writing at the start. In Illinois, Rule 1.5(f) permits a division of fee between lawyers who are not in the same firm only if
- the division is in proportion to the services each lawyer performs, or the referring lawyer’s primary service is the referral and each lawyer assumes joint financial responsibility for the representation,
- the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing, and
- the total fee is reasonable.
The rules of your own state apply to you as well. In our referral arrangements the referring lawyer’s share comes out of the attorney fee, so the client does not pay more because a case was referred. We handle railroad injury cases on a contingency fee, no fee unless we win.
What should you send us?
Whatever you have. A short call is enough to start, and these details help us move quickly.
- Your client’s name and how to reach them
- The railroad or employer, your client’s craft and union
- The date and place of the injury, and what happened
- The injuries and treatment so far
- Whether an injury report or a recorded statement was given, and anything your client has signed
- Any discipline or investigation notice, for a whistleblower case
- How and when you prefer we follow up
Who handles referred cases?
William McMahon and James Farina handle every referred case personally. Both are SMART-TD Designated Legal Counsel, James Farina is also Designated Legal Counsel for the Transportation Communications Union and sits on the Board of Managers of the Academy of Rail Labor Attorneys, and the firm represents railroaders across the country. Results for referred and direct clients include
- $33,000,000 FELA jury verdict for a conductor who lost both legs
- $10,000,000 FELA jury verdict for a worker crushed between railcars
- $4,201,000 FELA and Safety Appliance Act jury verdict, upheld on appeal
- $3,750,000 FELA jury verdict after an unauthorized train movement
- $430,382 jury verdict for a commuter rail passenger
See all case results. Every case is different, and prior results do not guarantee a similar outcome.
