Fela Settlements and FELA Lawsuits
A railroad worker who suffers from an occupational illness or is injured is entitled to compensation. The process of obtaining the compensation you are entitled to is often a lengthy procedure that involves filing a claim, going through an investigation, and negotiating with the railroad company.
The process is similar to an injury claim. Both the railroad and your lawyer will conduct investigations, followed by discussions about an agreement.
Compensation
Rail workers who make an action for compensation under the Federal Employers' Liability Act are eligible for compensation. However, FELA lawsuits can be complex. Workers who have been injured should consult a qualified FELA attorney to increase their chances of winning the money they deserve.
FELA claims are not restricted to medical expenses. A victim could be entitled to compensation for medical procedures that weren't planned, lost earnings in the past due to the injury and other costs. The law also provides compensation for physical and emotional suffering, including posttraumatic stress disorder (PTSD). This type of mental trauma was only recently recognized as an acceptable element of a work-related injury by workers' compensation systems however, FELA includes provisions to help compensate those who suffer from it.
Injured workers who file a FELA lawsuit must show that the railroad company was negligent or that defective equipment or dangerous conditions on rail property contributed to their accident. The statute of limitations for FELA accidents is three years. The time limit is three years for FELA claims involving occupational diseases, such as mesothelioma or cancer.
It is important to know that FELA cases are filed in state and
federal employers liability courts, as opposed to workers' compensation cases. This means that they can be more complex and require lengthy legal proceedings to reach a verdict. Many FELA lawsuits settle through alternative dispute resolution such as mediation or arbitration, however certain cases are argued in court.
Each party need to prepare for the trial of a FELA case. This could include preparing exhibits and selecting witnesses to give evidence and preparing legal briefs and going through the selection process for jurors and the actual trial. The FELA trial could take months or years to reach a final verdict. If an injured worker is experiencing financial hardship while waiting for a FELA case to be resolved in court, he or she might want to consider pre-settlement finance. Contact USClaims to find out more about this alternative.
Settlements
The amount of compensation for a fela settlement is determined by the nature of your injury, as well as the impact it has on you. The compensation could include reimbursement of medical expenses as well as lost wages in the past or future (especially when you are unable to return to your previous job) as well as loss of benefits such as vacation pay and health insurance. It could also include pain and suffering, as well as emotional distress. In some instances, a settlement also includes punitive damages. These are intended to penalize railroads for their negligence and deter similar conduct in the future.
The FELA process can take months or even years to complete. During this period you along with your attorney will gather evidence to support your case. This may include obtaining medical records as well as hiring experts to assess the severity of your injuries. Your employer and you then negotiate to reach a settlement that both parties can agree on. If a settlement cannot be reached the case will be taken to the court.
In this phase, your lawyer will present legal briefs and exhibits, and you'll have to provide evidence and be in a position to testify with doctors. The judge will then take a decision on the claim. If you win you'll sign a settlement contract and receive a check.
Most FELA claims are resolved without trial. The judge in charge of your case may even order both parties to take part in alternative dispute resolutions, like mediation or negotiated agreements. This gives both parties the chance to resolve the issue without risking losing their respective appeals in the higher court.
If you require cash prior to the time your FELA lawsuit is settled, think about applying for pre-settlement financing. Pre-settlement loans are not based on credit scores and you do not need to provide collateral. A pre-settlement lending company will review your application and other factors relevant to your situation and determine the amount you can take out. Once you are approved by the lender, they will mail you a check and you'll be able to utilize it however you want.
Trials
In certain cases, a FELA lawsuit could result in a settlement. In some cases, however the case could go to trial. It is important that a railroad law specialist or a member of the worker's family hires an attorney with reputable credentials in this case. A seasoned attorney has a proven track record and is able to navigate through the process. An experienced attorney can help clients receive the highest amount of compensation available under FELA.
In a court trial, the attorneys of both sides present evidence and argue for their positions. Afterwards the judge or jury will issue an order. If the FELA plaintiff is successful in court, the defendant has to pay compensation to the victim for medical expenses as well as lost wages (past and future), loss of benefits such as vacation and health insurance and emotional distress. If the injury resulted of gross negligence, the victim could be awarded punitive damages.
A lawyer who specializes in railroad accidents can help an injured worker determine how much to request in damages and file the appropriate documents. Then, the attorney can help the injured person obtain pre-settlement legal funding. This type of loan provides the plaintiff the funds they require to pay their financial obligations while waiting for a FELA judgement. The company that offers the pre-settlement legal funding will not conduct a credit inquiry or review the applicant's financial history.
FELA damages are more than those awarded by workers' compensation because the injured person has to prove that the railroad was responsible for their injuries. Additionally, the court employs the concept of comparative negligence, which means that the person seeking compensation could be found to be partially at fault and his or her award reduced accordingly. The plaintiff's attorney must gather more evidence to make an argument on behalf of the victim. This could take a significant amount of time and the railroad worker who has been injured might not be able to cover their living expenses. TriMark Legal Funding offers a FELA railroad funding solution to help the injured worker remain in good health while the case is being resolved.
Appeal
While FELA lawsuits typically result in significant settlements, the courts might not always reach the outcome you are hoping for. The process can be unpredictable and can take several years. It could also require multiple appeals. It's important to have an experienced attorney to guide you through the complexities of a FELA case.
Your FELA lawyer will analyze the details of your injuries and determine if you have a claim. If you do have a valid claim they will collect medical records and other evidence that highlights the severity of your injuries. In addition, they will conduct an investigation of their own into the incident. This will include meeting witnesses, gathering evidence as well as taking photographs and submitting them for consideration to the court.