How Long Do FELA Lawsuits Take to Process?
FELA lawsuits that have been in existence for more than 100 years, have helped keep railroad workers safe at some of the most dangerous places of work.
FELA settlements or trial awards may provide the payment of medical expenses, lost wages, pain and suffering.
Unlike workers' compensation cases, FELA allows for recovery of non-economic losses, like pain and suffering. This is why FELA cases often result in significant verdicts by juries.
How long will a FELA lawsuit take?
There are a variety of factors that affect the length of time it takes to process the FELA claim. For instance, whether the case is filed in a state or
federal employers liability court, the amount of time that is between an injury and when the lawsuit is filed and other specifics of the case could affect the length of time required to reach a settlement. Your attorney can give you an estimate of the time it will take to process your specific FELA claim.
The speed at which you gather medical evidence to back your injury claim could affect the length of the FELA lawsuit. This can be a crucial factor for your case because it will allow you to receive the maximum amount of compensation that you are entitled to. In certain cases, if you do not obtain medical evidence in a timely manner, your claim may be denied due to a statute of limitations.
The final factor that could affect the duration of a FELA case is the speed at which you and your employer can reach a fair settlement. In some cases 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 options such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.
Some workers may fear that filing a FELA claim could affect their relationship with their employer. It is important to remember that FELA prohibits employers from retaliating towards employees who submit a FELA claim. Additionally, FELA claims bypass the limits on benefits set by workers' compensation laws and allow injured railroad workers to recover monetary damages for pain and suffering.
Your attorney must draft a complaint prior to when you can make a FELA suit. The document will outline the claims you have against your employer. After your attorney submits the complaint, the employer will be given the chance to respond and explain any defenses. This can be a lengthy procedure as your lawyers have to conduct thorough investigation into workplace safety practices and gather proof in support of your claims.
What is the consequence if I don't win a settlement?
In FELA cases railroad workers who are injured can recover damages for past, future, and current medical costs, lost wages, suffering and pain. Since
railroad injury fela lawyer workers generally earn higher than blue-collar employees in other industries and professions, their FELA payouts tend to be more substantial. As a result, it is not uncommon to see an FELA case to settle for significant amounts of money.
A professional attorney is the first step towards filing a FELA suit. An attorney will go over the details of your accident to determine if you can claim damages. If you have a valid claim your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the accident and your employer's response to your claim.
Your attorney will submit an offer of damages to your company once the investigation is concluded. Your employer may then accept a settlement or proceed with an investigation. Trials can be expensive and lengthy, which is why the majority of FELA cases are settled before going to court.
During this time, you and your lawyer will gather medical documents and other evidence to show the extent of your injuries. Your lawyer will also look for witnesses that can be able to testify on your behalf. You could also choose to pursue legal financing, which will provide funds in accordance with the settlement you expect.
Contrary to personal loans offered by credit unions and banks pre-settlement legal financing does not require an extensive credit check or a review of your financial history. After review of your application, a pre-settlement legal funding company can offer you a quote that highlights the conditions and terms of your loan. If you accept the quote you could receive thousands of dollars before the case is closed.
What happens if I don't win my case?
You may need to receive medical treatment for a certain amount of time, based on the extent of your injury. Your lawyer will collect evidence while you wait for a settlement including medical records that demonstrate the extent of your injuries, as well as testimony from witnesses to support your claim. Your lawyer might be able to help you get pre-settlement funding to cover your ongoing treatment and living expenses while you wait for a final settlement.
Many FELA cases are settled prior to trial because both sides wish to avoid costly and risky court actions. However, appeals can lead to delays at different points in the case, and sometimes even after a decision is made. You can always reach out to an attorney for railroad injuries to get more information about these situations.
What happens If I lose my case?
Injured railroad workers typically receive an extensive settlement from their employers, because they have a right to make claims for medical expenses, lost wages and suffering and pain. Railroad workers also earn more than blue-collar workers and have a higher cost of living. This means that they are entitled to more compensation for economic losses.
It's important to realize that a settlement can take a long time. This is due to the fact that FELA lawsuits usually involve multiple interconnected steps like litigation and discovery. Additionally, if one of the parties files an appeal, it could create lengthy delays in the case.
During this period, the attorney can gather evidence such as medical records and documents which highlight the severity of the injury. They can also look for witnesses to testify on their behalf. If the person who was injured requires additional financial support during this process, he or she may also seek financing options, such as a legal funding loan before settlement.
A pre-settlement funding company will examine the situation, as as other factors, to determine what they are able to provide. This is different from a personal loan which requires a credit review and financial history. For more details on how you can get started, speak with an experienced FELA claim lawyer today.