Fela Settlements and FELA Lawsuits
A railroad worker who suffers from an occupational disease or is injured is entitled to be compensated. Getting the compensation you deserve is usually a lengthy procedure that involves filing a claim, conducting an investigation, and then negotiating with the railroad company.
This procedure is similar in many ways to an injury claim. Both the railroad and your attorney will conduct investigations, followed by discussions about a settlement.
Compensation
Railroad workers who file a claim under the Federal Employers' Liability Act (FELA) have the right to be compensated for injuries. FELA lawsuits can be complex. Injury workers should work with an FELA attorney who is experienced to increase their chances at winning the compensation they are entitled to.
FELA claims go beyond only medical expenses. A victim could be entitled to compensation for medical procedures not anticipated, loss of earnings from the past due to the injury, and other costs. The law also provides compensation for physical and emotional suffering, such as posttraumatic stress disorder (PTSD). This kind of mental trauma was just recently recognized as a viable element of a work-related injury by workers' compensation systems but FELA provides provisions to those suffering from it.
The injured party who files an FELA suit must prove that the railroad company was negligent, or that the company's defective equipment or a hazardous condition on rail property caused their accident. The statute of limitation for FELA accidents is three years. The statute of limitations is also three years for
FELA claims involving occupational diseases like mesothelioma and cancer.
It is important to remember that FELA cases are filed in federal and state courts, in contrast to workers compensation cases. This means that they are more complicated and require lengthy legal procedures to reach a decision. Many FELA lawsuits settle via alternative dispute resolution such as arbitration or mediation, but some are tried in the court.
Each party must prepare for the trial of the FELA case. This could include filing legal briefs, deciding on and preparing exhibits, submitting witnesses to testify, and going through the jury selection process and the trial itself. The FELA trial process can take months or years to reach a decision. If an injured worker is experiencing financial hardship while waiting for a FELA case to be resolved in court, he or she should consider pre-settlement financing. Contact USClaims to find out more about this option.
Settlements
The amount of compensation you can receive through a fela settlement depends on the severity of the injury and its impact on you. This compensation may include reimbursement of medical expenses as well as lost wages in the past and in the future (especially if you cannot return to your previous line of work) as well as loss of benefits like vacation pay and health insurance. It may also include pain and suffering as well as emotional distress. In some instances the settlement may also include punitive damages. These are intended to penalize railroads for their negligent conduct and prevent similar incidents in the future.
The FELA process could take months or years to complete. During this time either you or your attorney will collect evidence to prove your claim. This could include obtaining medical records and bringing in experts to highlight the severity of your injuries. You and your employer will then negotiate to reach a settlement that both parties can agree on. If you and your employer are unable to reach a resolution the matter will be brought to court.
In this stage the lawyer will present exhibits and legal briefs to the judge who is overseeing your case, and you must present your doctor for testimonies and give evidence. The judge will then make a decision on the claim. If you receive damages, you will sign a settlement agreement and receive an amount of money.
The majority of FELA claims are settled without going to trial. In fact, the judge who oversees in your case may require both parties to participate in alternative dispute resolutions such as mediation or negotiated settlements. This allows both parties to settle the dispute without the risk of losing the appeals in the higher court.
If you require money prior to the time your FELA lawsuit is settled, you might consider applying for pre-settlement financing. Pre-settlement loans do not depend on credit scores, and you do not need to provide collateral. Pre-settlement lenders will review your application, along with other factors related to your particular situation. They will then decide the amount you are able to take out. The lender will send you the check once you have been approved. You can use it however you like.
Trials
In certain cases it is possible that a FELA lawsuit could result with an agreement. In other cases the case will go to trial. In these cases, it is important that the employee family members engage an experienced attorney who is knowledgeable in railroad law. A seasoned attorney has a proven track record and is able to navigate through the process. A knowledgeable attorney can also assist a client in obtaining the maximum amount of damages under FELA.
In a trial,
attorneys on both sides present evidence and argue their points. Afterwards the judge or jury will make a decision. If the FELA plaintiff wins the case, the defendant must to compensate the victim's medical expenses, lost wages, past and future, loss of benefits like health insurance and vacation as well as pain and suffering and emotional distress. If the injury resulted of gross negligence, the victim can be awarded punitive damages.
A railroad accident lawyer can help a injured worker determine the amount to be claimed in damages and file the appropriate documents. The lawyer can assist the plaintiff obtain pre-settlement funding. This type of loan provides the money that the plaintiff requires to pay the financial obligations of the plaintiff while awaiting an FELA judgment. The company providing pre-settlement funding will not conduct a credit check on the applicant or look into their financial records.
FELA damages are higher than workers' comp awards because the injured worker must prove that the railroad was responsible for his or her injuries. The court also applies comparative negligence to reduce the award when the claimant is deemed to be partially accountable. The plaintiff's attorney must gather more evidence to make a stronger case on behalf of the victim. This is a long time and the railroad worker who was injured might not be able cover their living expenses. TriMark Legal Funding offers a FELA railroad funding solution to aid the injured worker stay afloat while the case is being completed.
Appeals
Although FELA lawsuits typically result in substantial settlements, the courts might not always get the outcome you are hoping for. The process can take several years and can be unpredictable. It can also involve multiple appeals. You need an experienced lawyer who can assist you in navigating the complexities of a FELA lawsuit.
Your FELA attorney will examine your injury to determine if you are entitled to compensation. If you do have a claim they will gather medical records and other documentation that highlight the seriousness of your injuries. They will also conduct an investigation of the incident. This will include meeting with witnesses, gathering documents and photos, and sending them to the court to be considered.
Your lawyer may suggest alternative dispute resolution strategies, such as mediation or negotiated settlements, or even mandatory settlement conferences, depending on the situation. If they don't yield an acceptable resolution, your case may proceed to trial.