Attorney Fees Considered

In calculating a special FELA adjustment, historical FELA pay outs must be adjusted for attorneys’ fees and other expenses that are paid out of the plaintiff’s award.

The vast majority of FELA asbestos claimants are represented by attorneys, who typically take, at minimum, a quarter of any settlement or verdict as their fees. The cost of expert witnesses and other litigation expenses further reduces the net amount that the plaintiff receives from any award.

These amounts must be deducted when establishing the value of the special FELA adjustment. There is no reason why the Fund should pay rail claimants’ amounts, which previously went into the pockets of FELA plaintiffs’ lawyers.

see also:

FELA Legislation Why don't railroads think that adjustments to FELA legislation count?
Read what railroads think about adjustments to FELA legislation.

Claims Against Manufacturers Read about how the Ayers plaintiffs sued asbestos manufacturers
The Ayers plaintiffs sued asbestos manufacturers. Find out more.

Transfer of Asbestos Claims Legislation that involves the transfer of asbestos claims: The Rules
The rules re:legislation involving the transfer of asbestos claims