How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous work environments. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, and suffering and pain.
In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as suffering and pain. This is the reason FELA cases are typically recognized with significant jury verdicts.
How long does a FELA case take?
Numerous factors can affect the time it takes to process a FELA case. For example, whether the case is filed in a federal or state court, how long passes between the time an injury occurs and when the lawsuit is filed and other specifics of the case can influence the time required to reach an agreement. Your attorney can give you an estimate of how long it will take to settle your specific FELA claim.
Another factor that can affect the time frame the duration of a FELA case takes is the speed at which you can get medical evidence that supports your claim for injury. This can be a crucial element in your case since it can help you receive the most compensation possible. In certain cases in the event that you fail to receive medical evidence in a timely manner the claim could be denied due to the statute of limitations.
The last factor that can influence the length of a FELA case is the speed at which you and your employer reach an acceptable settlement. In some cases the lawyer and you could be able to settle your FELA case without going to court. This is possible by using alternative dispute resolution methods like mediation and negotiated settlements. Arbitration or mandatory settlement conferences.
Some workers may fear that filing a FELA claim could negatively impact their relationship with their employer. It is important to note that FELA prevents employers from retaliating against employees who file a FELA claim. FELA claims also evade limitations on benefits provided by the laws governing workers' compensation which allow railroad workers who are injured to receive compensation for their suffering and pain.
Your attorney must draft a complaint prior to when you can start a FELA suit. The document will outline the claims you have against your employer. Once fela claims railroad employees has filed the complaint, the respondent has the opportunity to respond to the allegations and provide any defenses they have. This could be a lengthy process, since your lawyers will need to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.
What happens if I do not receive a settlement offer?
In FELA cases railroad workers injured in FELA cases are entitled to compensation for past, future, and current medical costs, lost wages, suffering and pain. Because railroad workers generally earn significantly higher than blue-collar employees in other industries, their FELA awards tend to be higher. This is why it is not unusual to see a FELA case to settle for significant amounts of money.
A professional attorney is the first step towards filing an FELA suit. An attorney will evaluate the circumstances surrounding your accident and determine if you have a valid claim for damages. If you have a valid claim your lawyer will assist you in completing the required documents and conducting thorough investigations into the accident and your employer's reaction to your claim.
Your lawyer will then make an action for damages to your company once the investigation is concluded. Your employer will either agree to a settlement, or go through the process of a trial. Trials can be costly and time-consuming, which is the reason most FELA cases settle before they get to court.
During this period you and your attorney will take medical records and other evidence that will demonstrate the severity of your injuries. Your lawyer will also look for witnesses who are willing to testify on your behalf. You can also opt to pursue legal financing which will provide funds based on the settlement you expect.
Contrary to personal loans offered by credit unions and banks pre-settlement legal funding does not require an extensive credit check or a review of your financial history. A pre-settlement financing company will review your application and provide you with a quote detailing the terms and conditions of the loan. Accepting the quote could result in you receiving thousands of dollars prior to the closing of the case.
What happens if I lose my case?
You may require medical treatment for a period of time, depending on the extent of your injury. Your lawyer will gather evidence while you are waiting for a settlement, including medical records that prove the extent of your injuries, as well as testimony from witnesses to support your claim. If needed your lawyer can assist you get pre-settlement legal aid to pay for ongoing treatment and living expenses while you wait for the final settlement.
A lot of FELA cases settle before going to trial, because both sides are usually driven 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 rendered. You can always reach out to an attorney who handles railroad accidents for more details in these cases.
What happens when I lose my case?
Railroad workers who have been injured usually receive a substantial settlement from their employers, since they are entitled 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 they can be compensated more 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. If one of the parties files an appeal, it can also create long delays.
During this period, the attorney can collect evidence, such as medical records and documents that highlight the severity of the injury. They can also seek out witnesses who can testify on their behalf. Additionally, if the injured worker needs additional financial assistance during the process, they could look into financing options like a pre-settlement legal funding loan.
A pre-settlement funding company will review the situation, as other elements to determine what they can offer. This differs from personal loans that requires a credit check and review of financial history. For more information on how to get started, speak with a skilled FELA claim lawyer today.