How Long Do FELA Lawsuits Take to Process?
For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces.
FELA settlements or trial awards can include compensation for medical expenses, lost wages, pain and suffering.
Unlike workers' comp cases, FELA allows recovery of non-economic damages like pain and suffering. This is why FELA cases often result in substantial jury verdicts.
How long does a FELA lawsuit take?
There are many variables that determine how long it takes to process the FELA claim. For example whether the case is filed in a federal or state court, how much time passes between the time an injury occurs and when the lawsuit is filed, and other specific details of the case may affect the length of time it takes to receive an agreement. Your attorney can estimate the time required for your FELA claim to be processed.
The speed at which you can gather medical evidence to support your claim for injury could determine the length of an FELA lawsuit. This could be a critical aspect in your case as it can allow you to get the most compensation possible. In certain cases claims, you could be denied if you fail to obtain medical evidence within a specified time.
The final factor that could affect the length of a FELA case is how quickly you and your employer are able to come to an acceptable settlement. In some cases the lawyer and you might be able to settle your FELA case without going to court. This is possible through alternative dispute resolution methods such as mediation, negotiated agreements, arbitration or mandatory settlement conferences.
Some workers may fear that filing a
fela case settlements claim could affect their relationship with their employer. It is important to remember that
FELA does not permit employers to retaliate against employees who file an FELA claim. FELA claims also evade limitations on benefits provided by workers' compensation laws, allowing injured railroad workers to receive compensation for their pain and suffering.
To file a FELA lawsuit, your attorney must prepare the complaint. This document outlines your claims against your employer. Once your attorney has filed the complaint, the defendant has the option of responding to the allegations and outline any defenses they may have. This can be a lengthy 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 a settlement?
In FELA cases, injured railroad workers can seek compensation for past, future, and current medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly more than blue-collar workers in other industries, their FELA awards tend to be more substantial. This is why it is not uncommon for an FELA case to settle for substantial amounts of money.
Contacting an experienced attorney is the first step towards filing an FELA suit. An attorney will evaluate the details of your accident and determine whether you have a valid claim for damages. If you have a valid claim the lawyer will assist you in filing the necessary documents and conducting thorough investigations into the accident and employer's response to your claim.
Once the investigation is complete the attorney will then make a claim for damages to your employer. Your employer can then accept a settlement or pursue an investigation. Trials can be costly and lengthy, which is why most FELA cases settle before they get to court.
During this time you and your lawyer will collect medical records and other evidence that show the extent of your injuries. Your lawyer will also search for witnesses who can be able to testify on your behalf. In addition, you may decide to pursue legal financing which could offer you funds in accordance with the settlement you are planning to receive.
Unlike personal loans from credit unions and banks, pre-settlement legal funding does not require a thorough credit check or a review of your financial history. After reviewing your application, a legal funding company will give you a quotation that outlines the terms and conditions of your loan. If you accept the quote you could receive thousands of dollars before your case closes.
What is the outcome if I don't win my case?
You could require medical treatment for a period of time, depending on the extent of your injury. Your lawyer will gather evidence while you wait for a settlement including medical records that show the severity of your injuries and testimony from witnesses to validate your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to cover ongoing treatment and living expenses until you receive a full settlement.
A lot of FELA cases are settled prior to trial due to the fact that both sides want to avoid costly and risky court proceedings. However, appeals can lead to delays at different stages of the case, and often after a verdict is rendered. You can always reach out to an attorney for railroad injuries for more information in these instances.
What happens if I lose my case?
Injured railroad workers typically receive a substantial settlement from their employers, since they have a right to claim compensation for medical expenses, lost wages and suffering. Railroad workers also earn more than blue-collar workers and have a higher cost of living. This means that they are entitled to a higher amount for economic losses.
It is important to recognize that it can take some time to reach a settlement. This is because FELA cases often have several different steps that are interspersed, like litigation and discovery. If one of the parties files an appeal, it can also create lengthy delays.
During this period, the attorney can gather evidence such as medical records as well as documents that show the severity of the injury. They can also look for witnesses who can testify on their behalf. Additionally, if the injured worker requires financial assistance during the process, they could look into financing options like the pre-settlement legal financing loan.
A legal funding company that is pre-settlement examines the case and other aspects to determine how much they can offer in a loan. This is different from a personal loan that requires a credit check and financial history. For more information on how to begin, talk to a skilled FELA claim lawyer today.