Boston Lawyers – Naumes Law Group

Boston Attorneys Representing Victims of Railroad Accidents and Defective Products

The Naumes Law Group has more than 35 years of experience representing people harmed by careless people or companies, occupational hazards, and dangerous products. We handle claims under the Federal Employers Liability Act, product liability cases, and asbestos and mesothelioma claims. Our attorneys provide individualized representation throughout each step of a claim, from the filing of the claim until the claim is resolved. Whether you are looking for a Boston train accident lawyer after suffering injuries in a railroad accident, or you have been diagnosed with mesothelioma, you should not hesitate to contact us to learn more about your rights. The initial consultation is free, and we handle most cases on a contingency fee basis, which means that a client pays no fee until we make a recovery through a settlement or a verdict.

Railroad Accidents and FELA Claims

Railroad workers face dangerous work environments. We represent injured railroad workers in Federal Employers Liability Act (FELA) claims. FELA is a federal law similar to state-based workers’ compensation in other industries. It is meant to provide protection and compensation for railroad workers who are hurt on the job. However, under FELA, a worker must show that the railroad was at least somewhat negligent to obtain benefits; it is a fault-based system, unlike state workers’ compensation systems. If you are an injured railroad employee, you will need to establish that your injury was caused partly or entirely by the negligence of a railroad employee, an agent of the railroad, or a contractor, or by a faulty piece of equipment. Our Boston train accident attorneys can help you gather evidence to support your claim.

There are many important differences between FELA and state workers’ compensation systems. If you were not 100 percent at fault, you are entitled to sue for damages in state or federal court, which makes FELA claims different from workers’ compensation claims. FELA awards are also usually higher than workers’ compensation awards.

As in civil courts, but unlike in the workers’ compensation system, FELA uses comparative negligence. This means that each party will be assigned a percentage of fault, and this will establish how much of the award the injured worker will get. For example, if your total damages are $30,000, but you are found to be 10 percent at fault for your injuries, your recovery will be reduced to $27,000. While a worker would be limited to certain economic losses under state workers’ compensation laws, there are more expansive damages available in a FELA claim. A train accident lawyer in the Boston area may be able to help you recover medical expenses, lost wages, loss of earning capacity, pain and suffering, and permanent full or partial disability benefits.

Products Liability

Products liability law covers defective products that cause serious injuries or death. Consumers, end-users, and even innocent bystanders may bring these claims against manufacturers and sellers when they are injured by a defective product. Defective products can be retail consumer products, vehicle components, pharmaceuticals, medical devices, and industrial products.

In Massachusetts, there are three theories of product liability that may be used to obtain compensation: breach of the implied warranty of merchantability, Chapter 93A, and negligence. The most commonly used theory is breach of the warranty of merchantability, an implied warranty that provides a protection that attaches automatically to consumer goods. A manufacturer or seller cannot disclaim the warranty of merchantability.

To establish a breach of warranty claim, you will need to show that the defendant was a merchant, the product was leased or sold, your use of the product was foreseeable, the product had a defect, and the defect legally caused your injuries. The requirement that the defendant be a merchant means that they must usually sell products of the type at issue on a regular basis, and they would be expected to know something about what they sell and where it was manufactured. You must have been using the product in a foreseeable way. The product needs to be proven defective, which means that your attorney may need to retain technical experts. We would also need to show that your injuries directly resulted from the specific defect.

Asbestos and Mesothelioma

In addition to serving as Boston train accident lawyers and advocates for injured consumers, we handle complex claims arising from asbestos exposure. Often, asbestos exposure in Massachusetts is attributable to workplace conditions, whether in the maritime industry or at other industrial jobsites, such as metal refineries, power plants, and shipyards. People may be exposed to asbestos if they work on older buildings. Mesothelioma is a rare, aggressive, and often deadly kind of cancer that develops in response to the inhalation of asbestos fibers. Some of the industrial sites that have used asbestos in the past were abandoned and turned into Environment Protection Agency Superfund sites. Companies that operated at those sites have put communities and workers at risk of exposure to asbestos and other toxins. In Massachusetts, the Office of Energy and Environmental Affairs and the Massachusetts Department of Labor administer asbestos laws. Contractors on construction, demolition, and renovation projects that involve asbestos are supposed to let the state and city know before they start work.

If you were injured by asbestos exposure, you have two years from the date of an asbestos-related diagnosis to file a lawsuit, or two years from the date of a loved one’s death due to an asbestos-related illness to file a wrongful death lawsuit. You may be able to sue under the implied warranty of merchantability or a negligence theory.

Often, mesothelioma takes decades after asbestos exposure to develop. In order to prove causation, you will need to show that the defendant’s product contained asbestos, you were exposed to that asbestos, and the exposure to asbestos was a substantial contributing factor in causing harm to you. There is enough evidence if it allows a reasonable inference that asbestos was at the worksite and in the defendant’s product for an appreciable period of exposure.

Retain an Experienced Boston Attorney to Fight for Your Rights

At the Naumes Law Group, our experienced attorneys have pursued claims on behalf of railroad employees, workers, and consumers injured by defective products. We founded our firm to provide the kind of responsive representation that is usually found at small firms, while also offering the high-quality litigation resources of large firms. Call us at 844-826-8445 or use our online form to set up an appointment with a train accident attorney in the Boston area or discuss a products liability or asbestos claim.