When you decide to pursue a personal injury lawsuit, you know there are certain forces that will work against you. Deciding whether or not to pursue your case may come down, at least in part, to making a determination about whether the potential benefits outweigh the possible risks. To best position yourself, then, it is important to eliminate as many risks as the law will allow you to knock out. Doing that, in many situations, requires an in-depth knowledge of the law. In other words, to give yourself the best possible chance of success, be sure you have knowledgeable Chicago injury counsel on your side.
As an example of knocking out certain risks, look at the case of D.R. and M.A. Both men were workers for the same railway employer. One December day in 2014, M.A. was the locomotive conductor and D.R. was the locomotive engineer on a train that collided with another train while at the railway’s yard in Joliet. The crash caused both the engineer and the conductor to suffer substantial injuries.
The men filed personal injury lawsuits against the railway, alleging that the employer failed to provide them with a safe workplace, which was a violation of the Federal Employers’ Liability’ Act (FELA.) One might expect that the cases would go forward as normal injury lawsuits, but the railway took a different a different approach. It filed multiple different counterclaims against both men. The counterclaims accused the employees of things like property damage (for failing to prevent the crash,) driving too fast, failing to observe a signal, and failing to remain alert and attentive, among other things.