How Long Do FELA Lawsuits Take to Process?
FELA lawsuits, which have been around for more than a hundred years, have contributed to keeping railroad workers safe in some of the most hazardous workplaces. FELA settlements and trial awards may include compensation for medical expenses loss of wages, discomfort and pain.
Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases are often rewarded with substantial jury verdicts.
How long does a FELA lawsuit take?
There are fela settlements that influence how long it takes to resolve a FELA claim. The length of time to reach a settlement will depend on a variety of factors, including whether the case was filed in a federal or state court, the amount of time between the date of injury and 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 complete your particular FELA claim.
The speed at which you can gather medical evidence to support your injury claim could determine the length of a FELA lawsuit. This can be an important element in your case since it will allow you to get the maximum compensation. In some instances, your claim could be denied if you fail to obtain medical evidence within a specific timeframe.
The final aspect that can influence the duration of a FELA case is how quickly you and your employer are able to negotiate a fair settlement. In certain situations, your lawyer may be capable of settling your FELA claim without having to go to trial. This can be accomplished through alternative dispute resolution methods such as mediation arbitrage, negotiated agreements or mandatory settlement conferences.
Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. But, it is important to know that FELA laws prohibit employers from retaliating against employees who submit a claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow injured railroad workers to claim monetary compensation for pain and suffering.
Your attorney must draft a complaint before you can start a FELA suit. This document outlines your claims against your employer. Once your lawyer has filed the complaint, the respondent has the option of responding to the claims and outline any defenses they may have. This could be a lengthy process, since your lawyers must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.
What is the outcome if I don't get a settlement offer?
In FELA cases, injured railroad workers can recover damages for past, future, and current medical expenses, lost wages, and suffering and pain. Railroad workers are paid more than blue-collar workers from other industries. Therefore, their FELA payouts are more. It is not uncommon to see FELA cases to settle for large sums of money.
The first step to file a FELA lawsuit is to contact an experienced attorney. An attorney will evaluate the details of your accident and determine if you have a valid claim to damages. If you have a valid claim the lawyer will assist you in completing the required paperwork and conducting thorough investigation into the accident and your employer's response to your claim.
After the investigation has been completed your lawyer will send a claim for damages to your employer. Your employer can then agree to a settlement, or proceed to an appeal. Trials can be costly and lengthy, which is why the majority of FELA cases settle before they get to the courtroom.
During this time you and your lawyer will take medical documents and other evidence to show the seriousness of your injuries. Your lawyer will also search for witnesses who can testify in your behalf. In addition, you may decide to pursue legal financing that can provide you with funds according to the estimated settlement.
Contrary to personal loans offered by credit unions and banks, pre-settlement legal financing does not require a lengthy credit check or analysis of your financial history. A pre-settlement funder will examine your application and give you a quote that outlines the terms and conditions of the loan. If you accept the quote you could receive thousands of dollars before your case closes.
What happens if I lose my case?
Depending on how serious your injury is, you may require medical treatment for some time before a settlement is reached. While you wait for a resolution your lawyer will collect evidence, including medical records that highlight the severity of your injury and testimony from witnesses that can verify your claim. If needed your lawyer can help you get pre-settlement legal aid to pay for ongoing medical treatment and living expenses until you receive a full settlement.
Many FELA cases are settled before trial because both sides want to avoid costly and risky court actions. However, appeals can lead to delays in the case at various stages, and even after the verdict has been delivered. You can always contact an attorney who handles railroad accidents for more information in these instances.
What happens if my case is lost?
Railroad employees who have been injured receive a substantial settlement from their employer, as they are entitled to claim for medical expenses, lost wage as well as pain and discomfort. Railroad workers also earn more than blue-collar employees and have a much higher cost of living. This means that they can be compensated more for economic losses.
It's important to realize that a settlement may take some time. This is due to the fact that FELA cases usually involve multiple overlapping steps, such as litigation and discovery. Additionally, if one of the parties file an appeal, it can create long delays in the case.
During this time, the attorney can collect evidence, such as medical records as well as documents that highlight the severity of the injury. They can also look for witnesses who will testify in their behalf. Additionally, if the injured worker requires additional financial help during this process, they may look into financing options like an advance settlement legal funding loan.
A pre-settlement legal fund company looks at the case and other factors to determine how much they are able to offer in the form of a loan. This is different from a personal loan that requires a credit check and financial history. Contact an FELA claim attorney today for more details about how to get started.