Case Study- Bynum v. Norfolk Southern Railway Co.The 4th Circuit says it lacks jurisdiction to review a district court order remanding to state court an injured railroad worker’s suit under the Federal Employers’ Liability Act, which defendant railroad argues is barred by the worker’s receipt of benefits under the Longshore and Harbor Workers’ Compensation Act; the appeals court dismisses the railroad’s appeal. Plaintiff, an injured railroad brakeman, received benefits under the LHWCA. He also sued defendant Norfolk Southern Railway Company in state court under FELA, alleging negligence and damages of $30 million. Norfolk Southern filed a notice of removal and argued that the LHWCA barred any recovery under FELA. The district court granted plaintiff’s motion to remand the action to state court.
What is Serious Personal Injury?According to Wikipedia, personal injury is a legal term for an injury to the body, mind, or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that the plaintiff’s injury has been caused by the negligence of another, but also arises in defamation torts. Breit Law specializes in helping victims in all types of Serious Personal Injury.
What are the most common types of personal injury claims in Virginia?The most common types of personal injury claims we see in the state of Virginia are:
- automobile accidents
- accidents at work
- railroad accidents
- motorcycle accidents
- trucking accidents
- ‘slip and fall’ or tripping accidents
- assault claims
- accidents in the home
- brain injury
- product defect accidents (product liability)
- medical malpractice
Maritime/Admiralty Law ExplanationMaritime law, also referred to as Admiralty law, governs the relationships between private entities which operate vessels in navigable waters. It provides specialized regulations for personal injuries that occur on the water or aboard any type of sea craft. It differs from other areas of law in that lawsuits are based upon whether the vessel was operating in navigable waters, whether the vessel was considered on-shore or off-shore and often encompasses international defendants and law. Maritime law protects seamen (and women) for injuries they might receive while aboard a vessel. Due to the complexity of maritime law, plaintiffs are best served by retaining the counsel of a qualified attorney who specializes in this type of law, such as Breit Law.