How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous work environments. FELA settlements or trial awards may include compensation for medical expenses, lost wages, and pain and suffering.
Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases typically result in substantial jury verdicts.
How long will a FELA case take?
There are many factors that influence how long it takes to process an FELA claim. The time required to settle a claim will depend on a variety of factors depending on whether the case was filed in
federal employers’ liability act court or state court, the amount of time between the injury and the filing of the lawsuit, and other specifics to the particular case. Your attorney can give you an estimate of the time it will take to process your particular FELA claim.
The speed at which you can collect medical evidence to support your injury claim could determine the length of an FELA lawsuit. This could be an important factor in your case, because it will help you get the maximum amount of compensation. In certain situations, if you do not receive medical evidence in a timely manner your claim could be denied due to the statute of limitations.
The final aspect that can affect the duration of the FELA case is how quickly you and your employer come to an equitable settlement. In some cases both you and your lawyer could be able to settle your FELA case without having to go to court. This can be done by using alternative dispute resolution methods like mediation arbitrage, negotiated agreements, or mandatory settlement conferences.
Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. It is important to know that FELA prohibits employers from retaliating against employees who submit a FELA claim.
FELA claims also bypass the limitations on benefits imposed by workers' compensation laws which allows railroad workers injured to receive monetary damages for their suffering and pain.
Your attorney must draft a complaint prior to when you can make a FELA suit. This document details your rights against your employer. Once your lawyer has filed the complaint, the party who is responding is able to respond to the allegations and outline any defenses they may have. This can be a lengthy process as your attorneys have to conduct thorough investigations into workplace safety practices and gather proof in support of your assertions.
What happens if I do not receive a settlement proposal?
In FELA cases railroad workers injured in FELA cases can seek compensation for past, future and current medical expenses, lost wages and suffering and pain. Railroad workers earn more than other blue-collar employees in other industries. Thus, their FELA payouts are more. As a result, it is not uncommon for the parties in a FELA case to settle for large amounts of money.
An experienced attorney should be the first step in filing a FELA suit. An attorney will examine the details of your accident to determine whether you are eligible to claim damages. If you have a valid case your lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the incident and employer's response to your claim.
Once the investigation is complete the attorney will then submit a request for damages to your employer. Your employer will then be able to decide to settle the case, or proceed with the trial. Trials are expensive and time-consuming, which is why the majority of FELA cases are settled prior to going to the court.
During this period you and your lawyer will gather medical documents and other evidence to highlight the extent of your injuries. Your lawyer will also search for witnesses who can be able to testify on your behalf. In addition, you can opt to pursue legal funding 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 financing does not require a thorough credit check or review of your financial history. A pre-settlement funding company will review your request and give you a quote highlighting the terms and conditions of the loan. If you accept the quote, you can receive thousands of dollars before your case has closed.
What is the outcome if I don't win my case?
You may require medical treatment for a period of time, based on the severity of your injury. While you wait for a resolution, your lawyer will gather evidence, such as medical records that highlight the severity of your injuries and testimony from witnesses who can confirm your claim. Your lawyer may be able to assist you get pre-settlement funding to cover your ongoing treatment and living costs while you wait for a final settlement.
Many FELA cases are settled before trial because both sides want to avoid costly and risky court proceedings. However, appeals can lead to delays at different points in the case, and sometimes after a verdict is returned. In these instances, you can always seek out a railroad injury attorney for additional guidance.
What happens if I lose my case?
Railroad workers who have been injured usually receive a substantial settlement from their employers, since they have a right to file claims for medical expenses, lost wages, and suffering. Additionally, railroad workers earn much more than blue-collar workers and have higher costs of living which means they are able to be compensated for more significant economic losses.
It's important to recognize that a settlement may take a long time. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. If one of the parties files an appeal, it can also cause lengthy delays.
During this time, the attorney can collect evidence, such as medical records as well as documents which highlight the severity of the injury. They can also look for witnesses to testify on their behalf. If the injured worker requires additional financial help during this process, they can pursue financing options such as an advance settlement legal funding loan.
A pre-settlement funding company will examine the case, as well as other factors, to determine what they could offer. This is different from a personal loan that requires a credit assessment and financial history. For more information on how to start, contact an experienced FELA claim lawyer today.