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In contrast to workers' compensation claims, FELA cases allow for the recovery of non-economic damages, such as pain and suffering. In turn, these cases usually are settled for much more than other workplace injury lawsuits.
Your attorney will guide you through the FELA process, which is similar to a personal injury lawsuit. The Supreme Court mandates that FELA injuries be decided by American juries.
Trials of the FELA
FELA cases can sometimes be considered for trial but they are typically settled for a lesser cost. A knowledgeable attorney can help their client obtain funds without the fear of a verdict in a courtroom. This can be a great benefit for injured workers and their family members who need financial support for medical expenses, lost wages, and other expenses following an accident.
A knowledgeable lawyer can help a client navigate the FELA claims process, even if it seems complex and long. They will be familiar with the specific nature of railroad work and the kinds of injuries sustained by railroad workers, which includes cumulative trauma. They will understand the specific safety guidelines for railroad companies as well as the kinds of evidence are needed to demonstrate negligence. They will be able evaluate settlement offers prior to a lawsuit and before trial.
Preparation for a FELA trial can take as long as a year. This includes preparation of witnesses, arranging for doctors' testimony, as well as filing court papers. The trial will follow similar procedure to criminal trials. These include jury selection, opening speeches by each side, and closing arguments. The judge will then make a decision and, based on the outcome, there could be appeals or post-verdict motions.
Even though the majority of liability act fela cases are settled prior to trial, it's crucial that injured workers be prepared to go to trial in the event that their employer doesn't agree to an agreement outside of the court. Rail workers who are injured need to consult an attorney regarding their case to make sure they are aware of all options, including filing a suit.
A FELA claim is an effective method for railroad workers to recover the compensation they require following an accident. However, it is essential for railroad workers to have an experienced FELA attorney by their side throughout the process of litigation. Contact Doran & Murphy for a free consultation today. They will review your case and clarify the statute of limitations for FELA claims in Tennessee.
Pre-Trial Negotiations
Before a trial begins, your attorney and the railroad company will meet to discuss the issues that arise in your case. This is usually done through alternative dispute settlement, such as mediation or negotiations.
During this phase you will receive compensation for past and upcoming medical bills, lost wage as well as pain and suffering, and other damages relating to your injury. You may also be entitled to punitive damages in the event that your employer has been negligent. This is meant to deter future similar acts.
Preparing for your trial is crucial. You should start making preparations well in advance of the trial. Failure to do this can result in a range of sanctions, ranging from dismissal of your case to being ordered by a judge to pay the lawyer of the other party and costs. In these cases the accident settlement loans offered by NLF can help you get a portion of your future payment sooner rather than later.
Post-Trial Disputes
The judge in the trial can decide to settle certain disputes using alternative dispute resolution such as mediation or a settlement negotiation. If the parties can reach an agreement, their FELA case can be settled without trial. This process can be lengthy and complex, especially if parties cannot agree on comparative negligence.
Our railroad accident lawyers will help you navigate this complicated process by gathering evidence such as medical records and witness statements. They will also look for safety violations made by your employer. Our legal team will look into your injury as well as the actions of your employer to build an effective case to secure the full amount of compensation you deserve.
FELA cases often settle for greater amounts than workers' compensation claims because railroad workers injured can recover non-economic damages like pain and suffering. FELA claims also include compensation for future or past medical expenses, lost income, and other benefits related to the work.
FELA claims can take a while to settle and can create stress if you're out of work. National Law Firm's FELA lawsuit loans can ease the burden of an extremely difficult time if you are facing financial hardship because of your injury. These loans will cover a portion of your future settlement, so you can pay your bills and remain in the black as you wait for results of your FELA claim. To learn more, contact our legal team today. We are ready to discuss the FELA lawsuit financing needs you may have.
Final Verdict
Taking your FELA case to trial involves a number of steps which include filing an application for a legal brief to the court making exhibits, and preparing subpoenas for witnesses' testimony. You'll also have to present your doctors to testify. It will also involve court proceedings similar to criminal trials jury selection, case presentation by both the plaintiff and defense and a final verdict. The right attorney can help you construct a solid arguments to ensure that you receive the maximum amount of compensation for your injuries.
Not all FELA cases will require a full-blown trial. Often, the judges who oversee the case will suggest that the parties settle their issues through alternative dispute settlements such as negotiated settlements, or mandatory settlement conferences. This gives both you and your employer a second chance to settle before the trial begins. If this doesn't work the lawyer will assist you prepare for a full trial.
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