What is comparative negligence, and how might it affect my FELA claim?
Under the comparative negligence defense, the railroad will try to show that your own fault or negligence somehow contributed to your injuries. Comparative negligence works this way in practice: after all arguments in a FELA lawsuit are heard, the jury will make its findings as to who should be held legally responsible for the railroad employee’s injuries. This is usually done by assigning some percentage of fault to the parties involved, and this percentage will correspond to the damages awarded to the plaintiff.
