Railroad Litigation

Railroad Litigation Attorneys

Railroad Accident Claims

Since Rossman, Baumberger, Reboso & Spier, P.A. was founded in 1974, our team of attorneys has represented injured workers, victims of railroad accidents, and the families of those lost. Railroad and FELA cases are a particular passion for co-founder and partner Charles H. Baumberger, who is the son of a former rail worker and has represented railroad workers for most of his 40+ year career. Partner Howard A. Spier has represented railroad employees and accident victims for over three decades and is a former president of the Academy of Rail Labor Attorneys (ARLA).

The firm is also designated legal counsel in Florida for SMART-TD, Transportation Communications Union (TCU), the Brotherhood of Railway Signalmen (BRS), and the International Brotherhood of Electrical Workers (IBEW). Through Howard Spier’s membership in ARLA, he is recognized as a recommended attorney for members of the Brotherhood of Locomotive Engineers and Trainmen (BLET).

Our railroad litigation attorneys’ knowledge of the railroad industry has given our firm an edge in representing victims in claims involving the Federal Employer’s Liability Act (“FELA”), Railroad Accidents and Injuries, Railroad Crossing Accidents, Railroad Liability, and Railroad Safety. Further, our team’s expertise has led us to be called upon to discuss the rights of rail accident victims and injured railroad employees before legal and union groups.

Contact us online or by phone at (305) 900-5493 to take advantage of our attorneys’ experience in railroad accident cases. We’re proud to represent the rights of railroad workers.

For more information and answers to common questions regarding your railroad injury case, see our publication: “Railroad Workers – Know Your Rights!

The attorneys of the firm’s railroad division are supported by a network of field investigators throughout the southeast who bring a wealth of railroad industry experience:

  • Danny Cockrell - Augusta, Georgia
  • Jake Lane - Birmingham, Alabama
  • Dewayne Bell - Jacksonville, Florida
  • Junior Lindsay - Miami/Ft. Lauderdale, Florida
  • Thomas “TJ” McPherson - Charleston, South Carolina

Our firm offers expert representation and experience with personal injury law.

Call (305) 900-5493 to meet with our accomplished railroad accident attorneys. We’re proud to represent the rights of everyday individuals and workers.

Frequently Asked Questions:

  • Q:What are examples of damages in a FELA claim?

    A:Under the FELA, an employee is entitled to file a claim in order to recover monetary compensation for the following elements of damage:
    1. Past wage loss from the date of injury up through the date of trial
    2. Future loss of earning capacity from the date of trial through the date of expected retirement
    3. Medical expenses, past and future
    4. Pain, suffering, mental anguish and loss of enjoyment of life
    Claims asserted by an employee under the FELA can, of course, be resolved either by a settlement with the railroad employer or tried before a jury in court. Any monetary recovery either by settlement or by jury trial is tax free to the employee.
    IMPORTANT: The value of a claim is dependent upon facts and circumstances unique to that particular claim. An experienced FELA attorney can and should provide you with the necessary assistance in helping you understand the potential value of your claim.

  • Q:Where do I file a FELA Claim? 

    A:Under the FELA, the injured railroad worker is entitled to bring a claim against the Railroad either in state court or in federal court, whichever better suits the employee’s convenience or purpose. Normally, the claim is filed in the court where (1) the accident occurred, (2) the Railroad is found doing business, or (3) the Railroad has its principal place of business. The decision as to where you should file your FELA claim is best left up to you and your experienced FELA attorney.

  • Q:Can the Railroad fire me for exercising my rights under FELA? 

    A:No. Some railroad workers hesitate to consult a lawyer about their claim. They have been led to believe that the Railroad can put them out of service or discriminate against them in other ways because they have exercised their right to consult and engage a lawyer to pursue their FELA claim.

    The fact is that the FELA FORBIDS the Railroads from engaging in such practices. The FELA is very clear on this point. In fact, the FELA spells out the legal right of the injured railroad worker to get the advice of a lawyer.

    The FELA provides specifically that:
    Whoever, by threat, intimidation, order, rule, contract, regulation, or device whatsoever, shall attempt to prevent a person from furnishing voluntarily such information to a person in interest, or whoever discharges or otherwise disciplines or attempts to discipline any employee for furnishing voluntarily such information to a person in interest, shall, upon conviction thereof, be punished by a fine of not more than $1,000 or imprisoned for not more than one year, or by both such fine and imprisonment, for each offense. (“Person in interest,” as used above, refers to your lawyer).
    Advice and guidance of a lawyer are the railroad worker’s best guarantee that his or her claim will be properly evaluated, handled and presented in court.

  • Q:How long do I have to file my FELA claim? 

    A:A claim arising under the FELA must be filed in court (State or Federal Court) within three (3) years from the date of injury or, in the case of an occupational disease caused by the railroad (i.e., carpal tunnel syndrome; different types of cancer; etc.), within three (3) years from the date the employee first knew or, in the exercise of reasonable care, should have known that he/she has suffered an injury or condition and that it was caused by his/her railroad employment. This is known as the Statute of Limitations and failure to comply with the three-year rule will likely result in the dismissal of the employee’s case. 

  • Q:Should I contact an attorney to file a claim? 

    A:Contact an experienced FELA attorney who can explain your rights under the law and how to protect them for your benefit and for the benefit of your family.

    It is fair to assume that your relationship with the Railroad company for which you have worked is a good one, that you have liked your work, and have given the Railroad a day’s work for a day’s pay.

  • Blown Away by the Integrity and All the Hard Work.

    “Edwin and I are blown away by the integrity and all the hard work with everyone that took part in our case.”

    - Edwin & Geovy
  • I Could Not Be Happier With the Results.

    “You have made a very critical difference in my future.”

    - Elreco S.
  • An Outcome I Think We Can Be Proud Of.

    “I would like to express my appreciation for a job well done!”

    - Tommy T.
  • Beyond Great.

    “You are beyond great, and I would very highly recommend you to anyone needing a lawyer.”

    - Kristi N.
  • Attention to Detail.

    “Made the entire process a comfortable experience.”

    - Broderick W.
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Our Difference

  • Dedicated to Helping You Get Your Life Back
  • Serving Clients for Over 45 Years
  • Committed to Our Community
  • Free Initial Consultation
  • Won $900 Million in Verdicts & Settlements
  • Over 200 Years of Experience Combined

Recognized In Our Community

  • Florida Justice Association
  • American Association for Justice
  • Super Lawyers
  • Best Lawyers 2019

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