How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most hazardous workplaces. FELA settlements or trial awards may include compensation for medical expenses, lost wages, and suffering 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 often result in large jury verdicts.
How long does a FELA case take?
There are many factors that influence how long it takes to settle a FELA claim. The time it takes to settle a case can be affected by many factors depending on whether the case was filed in a federal court or a state court, the length of time that passed between the injury and the filing of the lawsuit, and other details specific to the case. Your lawyer can provide you with an estimate of how long it will take to process your particular FELA claim.
The speed at which you can gather medical evidence to support your injury claim may also affect the duration of a FELA lawsuit. This could be an important aspect in your case because it will help you get the most amount of compensation. In certain situations when you fail to receive medical evidence in a timely manner, your claim may be barred by the statute of limitations.
The final aspect that can determine the duration of the FELA case is the speed at which you and your employer negotiate an equitable settlement. In certain situations your lawyer might be in a position to settle your FELA claim without going to trial. This can be accomplished by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences.
Some employees may be worried about whether filing a FELA complaint could affect the relationship they have with their employer. But, it is important to be aware that FELA laws prohibit employers from retaliating against employees who file claims. FELA claims also bypass limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive compensation for their suffering and pain.
Your attorney must draft a complaint before you can make a FELA suit. This document details your rights against your employer. Once your attorney has filed the complaint, the party who is responding is able to respond to the allegations and provide any defenses they might have. This could be a lengthy procedure, as your attorney must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.
What happens if I don't get a settlement offer?
In FELA cases, injured railroad workers are entitled to compensation for past, future and current medical expenses, lost wages and pain and suffering. Since railroad workers typically earn much more than blue-collar workers in other industries so their FELA payouts tend to be higher. As a result, it is not unusual for a FELA case to settle for substantial amounts of money.
Contacting an experienced attorney is the first step to filing a FELA suit. An attorney will review the details of your accident to determine if you can claim 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 reaction to your claim.
Your attorney will then make an action for damages to your company after the investigation is concluded. Your employer will then either agree to a settlement, or proceed to a trial. Trials are expensive and time consuming, so most FELA cases are settled before they reach the court.
During this period the attorney and you will collect medical records and other evidence to show the severity of your injury. Your lawyer will also look for witnesses who are willing to provide testimony on your behalf. In addition, you can opt to pursue legal funding which could provide you with money according to the estimated settlement.
Contrary to personal loans offered by credit unions and banks, pre-settlement legal funding does not require a lengthy credit check or analysis of your financial history. After looking over your application, a pre-settlement lawful funding company can provide you with a quote that outlines the conditions and terms of your loan. The decision to accept the quote could result in you receiving a large sum of money prior to the closing of the case.
What happens if I lose my case?
Depending on the severity of your injury is, you might require medical treatment for a while before you can settle. Your lawyer will gather evidence as you wait for a settlement including medical records that prove the extent of your injuries, as well as witness testimony to prove your claim. Your lawyer might be able to assist you obtain pre-settlement funds to cover your ongoing treatment and living costs while you wait for a full settlement.
A lot of FELA cases settle before going to trial, because both sides are often driven to avoid costly and risky court proceedings. However, appeals can result in delays at different points in the case, and sometimes after a decision is made. In these situations you are able to seek out a railroad injury attorney to get additional advice.
What happens when I lose my case?
Railroad workers who have been injured usually receive a substantial settlement from their employers, as they are entitled to file claims for medical expenses, lost wages and suffering and pain. In addition, railroad employees have a higher income than blue-collar workers and have higher costs of living and therefore can be compensated for greater economic damages.
However, it's important to understand that it can take some time to reach a settlement. This is because FELA lawsuits usually involve multiple overlapping steps such as litigation and discovery. Furthermore, if one the parties files an appeal, this can cause long delays in the case.
During this time, the attorney may gather evidence, including medical records as well as documents which highlight the extent of the injury. fela law firm can also look for witnesses who will testify in their behalf. If the person who was injured requires additional financial support during this process, they can also pursue financing options, like a legal loan prior to settlement.
A pre-settlement legal funding company analyzes the case along with other factors to determine how much they can offer in the form of a loan. This is unlike personal loans which requires the use of a credit report and an analysis of financial history. For more details on how you can get started, speak with a skilled FELA claim lawyer today.