FELA Lawsuit SettlementsThe FELA injury claim procedure is similar to any other personal injury lawsuit. You will work with your attorney to conduct a thorough investigation into your accident and injuries and negotiate an agreement.
During this time it is vital to collect medical evidence and expert witness to establish the severity of your injury. These documents can strengthen your case and result in an increased settlement.
Settlements
Unlike workers' comp cases, FELA claims bypass the standard limits for damages and allow railroad employees injured to claim non-economic losses such as future medical expenses as well as past and ongoing pain and suffering, and loss of enjoyment life. This can result in substantial monetary settlements.
If a railroad employee files a FELA lawsuit it is necessary for them to be prepared to endure months or years of legal process before the case is resolved. While this isn't ideal, it can be less harmful to the victim when they can work with an experienced FELA injury lawyer. An attorney can assist injured railroad workers file an claim as well as conduct an investigation and negotiate with their employer for an agreement.
In the course of investigation the railroad worker injured and their attorney are likely to interview witnesses and review evidence. They will also have to prove that their injuries are the result of the negligence of their employer. However the burden of proof is significantly lower than that in personal injury cases. This is due to FELA laws are based on a doctrine of absolute comparative negligence.
Once the investigation is concluded The railroad company will begin negotiations. The attorneys from both sides will then discuss the matter and try to come to an agreement. If both sides fail to reach an agreement, the judge in charge of the case may often decide to order alternative dispute resolution, which includes mediation and mandatory settlement conferences.
The court will encourage both sides to settle since it is generally more efficient and less expensive than going to trial. If a settlement is not reached the case will be tried. It can take up to a year from the date of filing an FELA suit until the trial commences due to the preparation and discovery.
Complaints
FELA cases differ from traditional workers compensation claims in that they are dependent on negligence, rather than simply the fact that an accident occurred. This makes them a bit more complicated and usually requires the assistance of an attorney with prior experience in this particular area of law.
A railroad worker who has been injured must prove that the company failed to exercise reasonable care to provide a safe and secure working environment, the necessary tools and equipment for the job, or the necessary help and training. The injury must be severe enough to warrant substantial compensation including medical costs and lost wages. These damages are greater than those awarded under standard workers' compensation claims because FELA allows for non-economic losses like discomfort and pain.
Railroad workers are exposed to toxic chemicals, solvents welding fumes and other harmful emissions. Through their careers, these exposures can affect the skin and other defense mechanisms and trigger a wide range of diseases. For example, prolonged exposure to welding fumes could cause lung diseases like mesothelioma. Chemicals and solvents, such as caustic soda, may also cause damage to the digestive system.
The Supreme Court has ruled that when there is even the slightest evidence of negligence by a railroad company, a lawsuit has to be heard by a jury. This has taken FELA cases out of the hands of judges who have been traditionally biased towards railroad companies and placed them firmly in the jury of American juries.
FELA lawsuits may be filed in either a state or federal court. A lawyer with experience in the area of law can suggest the most appropriate court for the case based upon a number of factors, such as where the injury took place and where the railroad headquarters or corporate offices are located.
Trials
A lawsuit brought under FELA is typically filed in federal court. However, it can be filed in state courts depending on the likelihood of success and the amount at to be at risk. Victims of FELA crimes are entitled to compensation in the following cases:
FELA claims, although similar to workers' compensation however, are federally unique claims. Contrary to workers compensation, which merely covers medical and lost wages expenses, FELA claims cover all damages that are incurred, including future and past medical expenses, benefits, and discomfort and pain. FELA claims can also cover punitive damages when gross negligence is proven.
Your FELA lawyer will investigate the incident, collect evidence, including medical records and accident reports and testify in front of witnesses. Your attorney will then negotiate with your employer to negotiate an agreement. If you're unable to come to a satisfactory agreement the case could go to trial.
The process of taking your
fela accident attorney case to trial could take months or even years. During this time, both you and your attorney will prepare for the trial by filing legal briefs with the court, submitting subpoenas to witnesses, and preparing exhibits. There will be a variety of court proceedings which include jury selection hearings for both parties, as well as the actual trial.
Peter Higgins Law's knowledgeable FELA attorneys are here to help in the event that you've suffered a serious injury at work. Contact us today to schedule an appointment and find out how we can help you get fair compensation for your injuries. We recommend that you pursue pre-settlement financing to meet your financial obligations while you wait for the
fela federal employers liability act settlement of your case.
Alternative Dispute Resolution
Alternative dispute resolution can resolve many cases that go to the litigation stage in FELA lawsuits outside of the courtroom. This involves a meeting with an impartial third party that helps both sides reach an agreement without going to trial. Some forms of alternative dispute resolution include negotiation, mediation and a settlement conference. Often, a court will require that the parties attend the conferences during the trial.
Your FELA attorney can assist you to determine the best way of alternative dispute resolution to your situation. They will discuss your options with you and the railroad's representatives, as well as conduct an investigation of their own into the circumstances surrounding your accident. If you cannot reach a non-court settlement the case may go to trial.
FELA cases can result in greater damages than workers' compensation claims for railroad workers injured. This is due in part to the fact that FELA allows for the recovery of non-economic losses like pain and suffering. Your attorney will work with the railroad's representatives to ensure that you get a fair amount of compensation for your injuries and losses. The strength of your evidence and the quality of your expert testimony will have a significant impact on the final amount you receive in a settlement or verdict.
Financing
The Federal Employers' Liability Act requires railroad companies to offer a safe and secure working environment and pay workers for injuries sustained at work. FELA protects railroad employees injured from discrimination. Even if a lawsuit is won in court, the money could not be distributed immediately. This is because insurance companies do not want to pay out large sums to injured plaintiffs. They may drag out the process and hope that the victim will become financially desperate enough to accept a a small settlement.