How Long Do FELA Lawsuits Take to Process?

FELA lawsuits, which have been around for more than 100 years, have helped keep railroad workers safe in some of the most dangerous places of work. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages and pain and suffering.

Unlike workers' comp cases, FELA allows recovery of non-economic damage such as suffering and pain. This is the reason FELA cases usually result in large verdicts by juries.

How long will a FELA case take?

There are a myriad of variables that determine how long it takes to settle a FELA claim. For example whether the case is filed in a state or federal court, the amount of time that is between the time an injury occurs and when the lawsuit is filed, and other specific details of the case can affect the length of time it takes to receive an agreement. Your lawyer can provide you with an estimate of how long it will take to settle your specific FELA claim.

Another factor that may impact the length of time the duration of a FELA case takes is the speed in which you can gather medical evidence that supports your injury claim. This can be a crucial aspect in your case as it can help you receive the maximum amount of compensation you can get. In certain situations, if you do not obtain medical evidence promptly the claim could be denied due to a statute of limitations.

The final factor that could affect the duration of a FELA case is how quickly you and your employer come to an acceptable settlement. In certain cases the lawyer and you may be able settle your FELA case without going to court. This is possible by using alternative dispute resolution methods like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may fear that filing a FELA claim could affect 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 bypass the limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive monetary damages for their suffering and pain.

Your attorney must draft a complaint before you can file a FELA suit. This document outlines your claims against your employer. After your attorney file the complaint, the company will be given the chance to respond and provide any defenses. This can be a long process as your attorneys have to conduct thorough investigation into workplace safety practices and collect evidence to support your assertions.

What happens if I don't receive a settlement proposal?

In FELA cases railroad workers who are injured can seek compensation for past, future and current medical expenses, lost wages, and the pain and suffering. Railroad workers earn more than other blue-collar workers from other industries. Thus, their fela claims railroad employees awards are higher. As a result, it is not uncommon to see an FELA case to settle for large amounts of money.

The first step to file the FELA lawsuit is to contact an experienced attorney. An attorney will review the details of your accident to determine if you are able to file a claim for damages. If you have a valid claim the lawyer will assist you in completing the necessary paperwork and conducting thorough investigation into the accident and employer's response to your claim.

Your attorney will submit an action for damages to your company after the investigation has been completed. Your employer can then agree to a settlement or proceed to trial. Trials can be expensive and time-consuming, which is why most FELA cases end up being settled before they reach the courtroom.

During this time you and your attorney will take medical documents and other evidence to highlight the seriousness of your injuries. Your lawyer will also look for witnesses who are willing to provide testimony on your behalf. You may also decide to pursue legal financing which can provide funds contingent on the settlement you're hoping to receive.

In contrast to personal loans from credit unions and banks legal pre-settlement funding does not require an extensive credit check or review of your financial history. After looking over your application, a pre-settlement lawful financing company will offer you a quote that highlights the conditions and terms of your loan. If you accept the offer you could be able to receive thousands of dollars before the case is closed.

What happens If I lose my case?

You may require medical treatment for a specific amount of time, depending on the degree of your injury. While you wait for a resolution your lawyer will collect evidence, including medical records that show the severity of your injuries and testimony from witnesses that can validate your claim. If needed, your lawyer may help you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses while you wait for an all-inclusive settlement.

Many FELA cases are settled before trial due to the fact that both sides want to avoid costly and risky court proceedings. However, appeals can lead to delays in the case at various stages, and sometimes after the verdict has been delivered. In these situations, you can always reach out to a railroad injury attorney for additional guidance.

What happens when I lose my case?

Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, since they are entitled to file claims for medical expenses, lost wages, and pain and suffering. Railroad workers also have higher earnings than blue-collar workers and have a greater cost of living. This means that they can be compensated more for economic damages.

It's important to recognize that settling a case can take a long time. This is due to the fact that FELA lawsuits often involve several interconnected steps like discovery and litigation. Furthermore, if one the parties file an appeal, this can create long delays in the case.

During this time attorneys will be able to gather evidence such as medical records and documents that highlight the severity of injury. They can also seek out witnesses who can testify on their behalf. If the injured worker requires financial assistance in this process, they could also look into financing options, like a legal loan prior to settlement.

A pre-settlement funder will look at the situation, as as other factors to determine what they are able to provide. This is different from personal loans that requires a credit check and review of financial history. Talk to an FELA claim attorney today for more information about how to get started.