How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers 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 recovery of non-economic damage such as suffering and pain. This is the reason FELA cases are often recognized with significant jury verdicts.
How long will a FELA lawsuit take?
Many factors can impact the length of time required to resolve an FELA case. The length of time to reach a settlement can be affected by many factors, including whether the case was filed in a federal or state court, the length of time that passed between the date of injury and filing of the lawsuit, and other specifics to the case. Your attorney can estimate the time it will take for your FELA claim to be processed.
Another aspect that could affect the amount of time the duration of a FELA case will be determined by the speed at which you can get medical evidence to support your claim for injury. This could be a critical factor for your case because it will allow you to receive the highest amount of compensation possible. In certain situations when you fail to obtain medical evidence promptly your claim could be denied due to the statute of limitations.
The last element that can affect the duration of the FELA lawsuit is how quickly your employer and you can reach a fair agreement. In some cases both you and your lawyer may be able settle your FELA case without having to go to court. This can be accomplished through alternative dispute resolution options such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.
Some workers might be worried that filing a FELA claim could affect their relationship with their employer. But, it is important to know that FELA laws prohibit employers from punishing employees who submit claims. Additionally, FELA claims bypass the limits on benefits provided by workers' comp laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering.
Your attorney must draft a complaint prior to when you can make a FELA suit. This document outlines your claims against your employer. Once your lawyer has filed the complaint, the respondent is able to respond to the claims and outline any defenses they have. This can be a lengthy procedure as your lawyers need to conduct thorough investigations into workplace safety practices, and gather proof in support of your claims.
What is the outcome if I don't receive an agreement?
FELA cases allow injured railroad workers to claim compensation for past and future medical expenses, lost wages, and suffering and pain. Because fela claims railroad employees earn significantly higher than blue-collar employees in other industries and professions, their FELA awards are typically more substantial. It is not unusual for FELA cases to settle for large amounts of money.
The first step to file the FELA lawsuit is to reach out to an experienced attorney. An attorney will analyze the circumstances surrounding your accident and determine if you have a valid claim to damages. If you have a valid case the lawyer will assist you in completing the necessary 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 submit a request for damages to your employer. Your employer can then accept a settlement or go through the process of trial. Trials are expensive and time consuming, so the majority of FELA cases are settled prior to going to the court.
During this period you and your lawyer will gather medical documents and other evidence to show the seriousness of your injuries. Your lawyer will also look for witnesses who can be able to testify on your behalf. In addition, you can decide to pursue legal financing that can offer you funds based on your projected settlement.
In contrast to personal loans from credit unions and banks, legal pre-settlement funding does not require a thorough credit check or analysis of your financial history. After looking over your application, a legal funding company will provide you with a quote which outlines the conditions and terms of the loan. If you accept the quote, it could result in you receiving a large sum of money before the case is closed.
What happens if I don't succeed in my case?
You could require medical treatment for a period of time, depending on the extent of your injury. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that show the extent of your injury as well as testimony from witnesses who can validate your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you await an all-inclusive settlement.
Many FELA cases settle prior to trial, since both sides are often driven to avoid costly and risky court actions. However, appeals can cause delays in the case at various stages, and sometimes even after the verdict has been handed down. In these instances, you can always seek out a railroad injury attorney for further advice.
What happens if my case is lost?
Injured railroad employees receive a large settlement from their employer, since they are entitled to claim for medical expenses, lost wages as well as pain and discomfort. Additionally, railroad workers have a higher income than blue-collar employees and have higher costs of living, which means they can be compensated for more substantial economic damages.
It's important to realize that settling a case can take some time. This is due to the fact that FELA lawsuits often involve several different steps, including discovery and litigation. Additionally, if one of the parties file an appeal, this can cause long delays in the case.
During this time, the attorney can gather evidence like medical records and documents which highlight the severity of an injury. They can also seek out witnesses to be witnesses on their behalf. In addition, if the injured worker requires additional financial help during this process, they can explore financing options, such as an advance settlement legal funding loan.
A pre-settlement funder will look at the situation, as well as other factors, to determine what they could offer. This is unlike the personal loan, which requires the use of a credit report and an analysis of financial background. For more details on how you can get started, speak with an experienced FELA claim lawyer today.