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Straight
Track #233
What Do I Tell My Family? Part II
Frank E. Van Bree, of Counsel
Hoey & Farina, P.C.
888-425-1212
fvanbree@hoeyfarina.com
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Part II (of II)
(We suggest that you reread Part 1 for a
greater understanding of what follows.)
Quick Thinking
Your family member has received a call from the railroad
saying that you have been seriously injured and admitted to the hospital
and that they should get there ASAP. If you've already had a family
meeting regarding this, despite being suddenly faced with an enormous
amount of stress, they'll know exactly what to do:
Contact one of your union officers and ask him to meet
them at the hospital or give them a ride to the hospital.
Grab your Hoey & Farina magnet off the refrigerator and
call one of our attorneys or investigators to meet them at the hospital,
too.
Why Early Contact Is So Important
Usually when the railroad calls a family member of an
injured railroad worker, the railroad doesn't give a lot of details.
Your family member won't know how seriously you are hurt. They might
think there's plenty of time to contact an attorney later. That's not
so. Your family member needs to understand why calling your union
official and Hoey & Farina right away is so important.
A Good Defense Wins
When you sit down and talk with your family member,
explain that minutes after you're hurt, the railroad will begin to
defend itself against any claim you might bring. The railroad will send
several officials to the hospital to talk with you right away. The
railroad knows you will not be concentrating on the facts of the injury
and that the sedatives you are receiving will further effect what you
say. They hope you might say something that will help defeat your claim;
that you might leave out something that is legally significant.
Your family member should know ahead of time that the
railroad will offer words of comfort and reassurance that everything is
being done for you and that you will get the best possible care. Though
probably true, the railroad actually says these things to gain your
family member's trust and get permission to talk with you.
Your family member should know that you do not want to
talk with the railroad officials, yet. And, your family member has the
right to politely tell the railroad officials “no” and insist they talk
to you later. By having your union officer and us there at the hospital,
your family member will have the support they need to prevent you from
being intruded on by the railroad and giving any statement until you are
sedative free and can concentrate on what you are saying.
Also by having us there at the hospital right away, we
can work with your union officer to find out exactly how the injury
occurred and if the circumstances of the injury require that evidence be
preserved. As the railroad is in possession of the accident site and all
of the equipment involved, including event recorders, that may require
prompt legal action. If our initial understanding of how you got
injured, leads us to the belief that an immediate inspection of the
premises, machinery, rolling stock, etc. will aid us in representing
you, we will ask your family member to sign a contract of representation
with our law firm. Doing so will allow us to immediately file suit and
obtain a Court Order to come onto the railroad property, to take
pictures, inspect the equipment, (usually with an expert in whatever
field of knowledge is appropriate under the circumstances), have access
to the download of the event recorders as well as anything else that the
railroad can move or change. The speed in which all of this is done can
be vital to the successful investigation of your injury and the eventual
recovery of money damages for you and your family.
You should also tell your family with regards to the
contract of representation, our legal fee is only 25%, plus certain
court and litigation costs, and this meets with your approval and it is
o.k. to sign the contract.
What Else Should You Tell Your Family
Believe it or not, these two articles really are a short overview of the
answer to the original question – What Do I Tell My Family. The long and
the short of it is, you're better off planning for the worst and hoping
it never happens. By being prepared, if something were to happen to you,
your family could concentrate on your care and not worry about being
railroaded.
We suggest you and your family also read our other, more
comprehensive Straight Track articles on the
FELA,
disability insurance, Railroad
Retirement Sickness Benefits, Durable
Powers of Attorney, the necessity of
preserving evidence and retaining Hoey & Farina quickly. All
Straight Track articles are available on our web
site.
Hoey & Farina also offers a free
Family Members Seminar where we fully
explain, with case examples, what you and your family members need to
know and do. If you are interested in scheduling a Family Members
Seminar in your area, please contact us or have your union officer
contact us at 888.425.1212.
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