Section 22.6 Damages

• Library: Tort Law 2016

E. (§22.6) Damages

The measure of damages is governed by federal rather than state rules. The elements of damages include:

loss of wages; loss of earning capacity; pain and suffering; and medical expenses.

Damages in a FELA case are for the jury to determine. There is no limitation on the damages that may be awarded by juries except by the courts’ limited right of review. SeeGrunenthal v. Long Island R.R. Co., 393 U.S. 156 (1968).

Although FELA’s central focus is on physical injuries, FELA also provides compensation for negligently...