How Long Do FELA Lawsuits Take to Process?
For more than a century, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may provide compensation for medical expenses, lost wages, and suffering and pain.
Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases are often awarded with large jury verdicts.
How long does a FELA lawsuit take?
Many factors can impact the time it takes to settle an FELA case. The time required to settle a case is influenced by a variety of factors depending on whether the case was filed in federal court or state court, the amount of time that passed between the injury and the filing of the lawsuit, and other specifics to the particular case. Your lawyer can provide you with an estimate of the time it will take to complete your specific FELA claim.
Another aspect that could affect the amount of time a FELA case is the speed at which you can get medical evidence to support your claim for injury. This could be a crucial element in your case because it will help you get the most amount of compensation. In some instances, your claim could be denied if it isn't possible to receive medical evidence within a specific timeframe.
The last factor that can determine the duration of the FELA case is the speed at which you and your employer are able to reach an equitable settlement. In some instances both you and your lawyer might be able to settle your FELA case without having to go to court. This is possible by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences.
Some workers might be worried about whether filing a FELA complaint will negatively impact their relationship with their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who make a claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' comp laws and permit railroad workers injured by injuries to seek compensation for pain and suffering.
To file a FELA lawsuit your lawyer must draft an official complaint. This document outlines your claims against your employer. After your lawyer submits the complaint, the respondent will be given the chance to respond and provide any defenses. This can be a long procedure, as your attorney will have to conduct thorough investigations of workplace safety practices and gather evidence in support of your claim.
What is the consequence if I don't win a settlement?
FELA cases allow railroad workers injured by injuries to seek compensation for past and future medical expenses, lost wages and suffering and pain. Because railroad workers generally earn much higher than blue-collar employees in other industries so their FELA payouts tend to be more substantial. Therefore, it is not unusual to see a FELA case to settle for large amounts of money.
A professional attorney is the first step in filing an FELA suit. An attorney will examine 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 required documents and conducting thorough investigations into the incident and employer's reaction to your claim.
Your attorney will file an offer of damages to your company after the investigation is completed. Your employer can then accept a settlement or go ahead with the trial. Trials can be costly and time-consuming, which is why the majority of FELA cases settle before they get to the courtroom.
During this period, you and your lawyer will take medical records and other evidence that show the severity of your injuries. Your lawyer will also search for witnesses who are willing to provide testimony on your behalf. You can also opt to pursue legal financing, which can offer funds based on the settlement you're hoping to receive.
Unlike personal loans from credit unions and banks, pre-settlement legal financing does not require a thorough credit check or a review of your financial history. A pre-settlement funder will review your application and give you a quote highlighting the terms and conditions of the loan. If you accept the quote, it could result in you receiving thousands of dollars before the case is closed.
What is the outcome if I don't win my case?
Depending on how severe your injury is, you may require medical treatment for some time before you are able to settle. While you wait for a resolution, your lawyer will collect evidence, such as medical records that demonstrate the severity of your injury and evidence from witnesses who can verify your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to pay for ongoing treatment and living expenses while you wait for an all-inclusive settlement.
Many FELA cases settle before going to trial, as both sides are often driven by the desire to avoid costly and risky court action. However, appeals may cause delays in the case at different stages, and sometimes after the verdict has been handed down. In these situations you can always seek out a railroad injury attorney for additional guidance.
What happens if I lose my case?
Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, because they have a right to claim compensation 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 are entitled to a higher amount for economic damages.
It's important to realize that a settlement may take a long time. This is because FELA lawsuits usually involve multiple interconnected steps like discovery and litigation. Additionally, if one of the parties file an appeal, it can result in long delays in the case.
During this period the attorney will be able to gather evidence like medical records and documents which highlight the severity of an injury. They can also look for witnesses who will testify in their behalf. If fela lawsuit settlements injured worker requires financial assistance in this procedure, he or she may also seek financing options, like a legal financing loan prior to settlement.
A pre-settlement funding company will look at the situation, as other aspects, to determine what they are able to offer. This is different from a personal loan, which requires a credit check and financial history. For more information on how to begin, talk to an experienced FELA claim lawyer today.