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Putting a Price on Injuries How much in "damages" (dollars) is an injured person entitled to receive? Unlike Workers' Compensation, there is no fixed amount set by law. No magic formula exists which determines the dollar value of an injury to a railroad employee. A great number of variables will affect the final amount. First, what is the liability picture? If the railroad is clearly at fault, the case has more value than if there is an issue concerning its fault. If the injured person was also at fault, the value of the case is reduced. An injury which occurs in a dramatic way, such as through explosion or collision, will generally be worth more than one which is incurred in a less-dramatic way, such as by throwing a switch or tripping on a toepath. Second, obviously, the more severe the injury, the greater the dollar value of the case. Loss of a limb will clearly have greater impact than a strained back. Third, what kind of an appearance does the injured person make? Someone a jury likes generally will receive more than someone who is not so appealing. A younger person with a severe injury probably will receive more than a person with the same injury but near retirement age. An employee involved with a family and in community activities will be more sympathetic than one not so involved. Fourth, the ability of the lawyer handling the case will have an influence on the final sum received. Is the lawyer familiar with railroad law? Does the lawyer have access to sources of information on the railroad to help build the case? Can the lawyer effectively negotiate with the highly skilled railroad claims department? All of these factors, and more, will have some effect on the value of the case, on the sum which ultimately is received by the injured railroad employee.
Monte Bricker, Coordinator |
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