How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most hazardous workplaces.
FELA settlements or trial awards can include reimbursement for medical expenses, lost wages and pain and suffering.
Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases usually result in significant jury verdicts.
How long will a FELA case take?
Many factors can impact the length of time required to process the FELA case. The time it takes to reach a settlement can be affected by many factors such as whether the case was filed in federal court or state court, the amount of time that passed between the injury and the filing of the lawsuit and other particulars specific to the particular case. Your lawyer can provide you with an estimate of the time it will take to process your specific FELA claim.
The speed at which you can gather medical evidence to support your claim for injury could impact the duration of an FELA lawsuit. This could be a critical element in your case since it can help you receive the most compensation you can get. In some instances your claim may be denied if it isn't possible to get medical proof within a specified time.
The last factor that can determine the duration of a FELA case is the speed at which you and your employer are able to reach an acceptable settlement. In some instances the lawyer you choose to work with may be in a position to settle your FELA claim without having to go to trial. This can be accomplished through alternative dispute resolution methods such as mediation, negotiated agreements, arbitration or mandatory settlement conferences.
Some workers might be worried that filing a FELA complaint could affect their relationship to their employer. However, it is important to know that FELA laws prohibit employers from punishing employees who file an FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' compensation laws and permit railroad workers injured by injuries to recover monetary damages for pain and suffering.
Your attorney must draft a complaint prior to when you can start a FELA suit. The complaint outlines your rights against your employer. After your attorney submits the complaint, the company will have the opportunity to respond and explain any defenses. This can be a long process, as your attorneys will have to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.
What happens if I don't get an agreement?
FELA cases allow injured railroad workers to seek compensation for medical expenses, lost wages, and pain and suffering. Railroad workers are paid more than blue-collar employees in other industries. Therefore, their FELA payouts are more. It is not unusual for FELA cases to settle for large sums of money.
An experienced attorney should be the first step to filing an FELA suit. An attorney will examine the details of your accident to determine if you can file a claim for damages. If you have a valid claim, your lawyer will assist you file the appropriate paperwork and conduct thorough investigations into the accident and your the response of your employer.
Once the investigation is complete your lawyer will send a claim for damages to your employer. Your employer may then agree to a settlement, or proceed with a trial. Trials can be costly and time consuming, so most FELA cases are settled before reaching the court.
During this time you and your attorney will gather medical records and other evidence that will demonstrate the seriousness of your injuries. Your lawyer will also search for witnesses who are willing to provide testimony on your behalf. Additionally, you could decide to pursue legal financing that can offer you funds in accordance with the settlement you are planning to receive.
Contrary to personal loans offered by credit unions and banks pre-settlement legal funding does not require a thorough credit check or analysis of your financial history. After reviewing your application, a pre-settlement legal funding company will give you a quotation that outlines the conditions and terms of your loan. If you agree to the quote you could receive thousands of dollars before your case has closed.
What happens If I lose my case?
Depending on how serious your injury is, you may require medical treatment for a while before a settlement is reached. Your lawyer will gather evidence as you wait for a settlement, including medical records that show the severity of your injuries as well as testimony from witnesses to validate your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to cover ongoing treatment and living expenses until you receive an all-inclusive settlement.
A lot of FELA cases settle before going to trial, because both sides are often motivated to avoid expensive and risky court actions. However, appeals can lead to delays in the case at various stages, and even after the verdict has been handed down. In these instances you are able to contact a railroad injury attorney for additional guidance.
What happens if my case gets lost?
Railroad employees who are injured receive a substantial settlement from their employer, since they have the right to claim medical expenses, lost wages and discomfort and pain. In addition, railroad employees earn much more than blue-collar employees, and have an increased cost of living which means they are able to be compensated for more substantial economic damages.
It's important to realize that a settlement may take a long time. This is due to the fact that
fela accident attorney cases usually involve multiple different steps that are interspersed, like litigation and discovery. If one of the parties files an appeal, it could result in long delays.
During this period, the attorney will be able to collect evidence such as medical records and documents that highlight the severity of an injury. They can also seek out witnesses to provide testimony on their behalf. If the injured worker requires financial assistance in this procedure, he or she may also seek financing options, like a legal financing loan prior to settlement.
A pre-settlement legal funding company examines the case and other factors to determine the amount they can offer in the form of a loan. This differs from a personal loan which requires a credit review and financial history. Talk to a FELA claim attorney today for more information about how to start.