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 and trial awards may include compensation for medical expenses as well as lost wages and discomfort and pain.
In contrast to workers’ compensation cases, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases are often recognized with significant jury verdicts.
How long will a FELA lawsuit take?
Many factors can impact the time it takes to resolve the FELA case. The length of time to reach a settlement is influenced by a variety of factors, including whether the case was filed in a federal employers liability act or state court, the amount of time that passed between the injury and the filing of the lawsuit and other particulars specific to the case. Your attorney can give you an estimate of the time it will take to complete your particular FELA claim.
Another aspect that could affect the length of time a FELA case is the speed in which you can gather medical evidence to support your claim for injury. This could be a critical aspect in your case as it will allow you to receive the maximum amount of compensation that you are entitled to. In certain cases, your claim could be denied if it isn’t possible to get medical proof within a certain time frame.
The last element that can influence the length of the FELA lawsuit is how quickly your employer and you can reach a fair agreement. In certain situations, your lawyer may be able to settle your FELA claim without going to trial. This is possible by using alternative dispute resolution methods like mediation, negotiated agreements, arbitration or mandatory settlement conferences.
Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. But, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who make a claim. FELA claims also evade limitations on benefits imposed by workers’ compensation laws which allows railroad workers injured to receive monetary damages for their pain and suffering.
To make a FELA lawsuit, your attorney must prepare the complaint. This document outlines the claims you have against your employer. Once your attorney has filed the complaint, the defendant has the opportunity to respond to the allegations and provide any defenses they have. This can be a lengthy process, as your attorneys will have to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.
What is the outcome if I don’t receive a settlement?
FELA cases allow railroad workers injured by injuries to seek compensation for past and future medical expenses, lost wages, and pain and suffering. Railroad workers earn more than blue-collar workers from other industries. Therefore, their FELA awards are higher. It is not uncommon to see FELA cases to settle for large sums of money.
The first step in submitting an FELA lawsuit is to reach out to an experienced attorney. An attorney will review the details of your accident and determine if you have a valid claim to damages. If you have a valid claim, your lawyer will help you prepare the proper paperwork and conduct thorough investigation into the accident and your the response of your employer to your claim.
Once the investigation is complete, your attorney will submit a request for damages to your employer. Your employer will then either agree to a settlement, or proceed to trial. Trials are expensive and time consuming, so the majority of FELA cases are settled before reaching the court.
During this period you and your attorney will collect medical records and other evidence that show the seriousness of your injuries. Your lawyer will also look for witnesses who are willing to provide testimony on your behalf. You could also choose to pursue legal financing which will provide funds in accordance with the settlement you’re hoping to receive.
Legal Funding Presettlement does not require an assessment of your credit score or a review of your financial history. After review of your application, a legal financing company will offer you a quote that outlines the conditions and terms of your loan. If you accept the quote you could be able to receive thousands of dollars before your case closes.
What happens If I lose my case?
Depending on how serious your injury is, you might require medical attention for some time before you are able to settle. While you wait for a resolution your lawyer will collect evidence, such as medical records that highlight the severity of your injuries and evidence from witnesses who can confirm your claim. Your lawyer may be able to help you receive pre-settlement financing to cover your ongoing treatment and living expenses while you wait for a full settlement.
A lot of FELA cases settle before going to trial, since both sides are usually driven by the desire to avoid costly and risky court action. However, appeals can cause delays at different stages of the case, and sometimes even after a verdict is returned. In these cases you can always reach out to a railroad injury attorney to get additional advice.
What happens if my case gets lost?
Railroad employees who have been injured receive a substantial settlement from their employers, since they are entitled to claim for medical expenses, lost wage as well as pain and discomfort. Railroad workers also have higher earnings than blue-collar workers and have a higher cost of living. This means they are entitled to a higher amount for economic losses.
However, it’s important to realize that it could take some time to reach a settlement. This is due to the fact that FELA lawsuits usually involve multiple different steps, including litigation and discovery. If one of the parties files an appeal, it could create lengthy delays.
During this time, the attorney can gather evidence such as medical records as well as documents which highlight the extent of the injury. They can also look for witnesses to provide testimony on their behalf. If the injured person requires additional financial support during this process, they may also seek financing options, like a legal financing loan prior to settlement.
A pre-settlement legal fund company looks at the case as well as other factors to determine the amount they can offer in the form of a loan. This is different from a personal loan which requires a credit check and financial history. Talk to a FELA claim attorney today to learn more about how to start.
