How Long Do FELA Lawsuits Take to Process?
FELA lawsuits are a common occurrence for more than 100 years, have contributed to keeping railroad workers secure in some of the most hazardous places of work. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, and pain and suffering.
Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases are usually awarded with large jury verdicts.
How long will a FELA lawsuit take?
Many factors can influence the time it takes to settle an FELA case. For instance whether the case is filed in a state or federal court, how long 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 get an agreement. Your attorney can give you an estimate of the time it will take to complete your specific FELA claim.
Another aspect that could affect the length of time 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 allow you to get the most compensation that you are entitled to. In some cases your claim may be denied if you fail to obtain medical evidence within a certain time frame.
The last element that can determine the length of the FELA lawsuit is how quickly your employer and you come to a fair settlement. In some cases, your lawyer may be capable of settling your FELA claim without going to trial. This is possible through alternative dispute resolution options like mediation, negotiated settlements, arbitration or mandatory settlement conferences.
Some employees may be concerned that filing a FELA claim could negatively impact their relationship with their employer. It is important to know that FELA prevents employers from retaliating towards employees who make an FELA claim. In addition, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to seek compensation for pain and suffering.
To start a FELA lawsuit the attorney you hire must prepare an official complaint. The document will outline the claims you have against your employer. After your lawyer has filed the complaint, the party who is responding has the option of responding to the claims and outline any defenses they may have. This can be a long process as your attorneys need to conduct thorough investigations into workplace safety practices, and gather proof in support of your assertions.
What is the consequence if I don't win an agreement?
In FELA cases railroad workers who are injured are entitled to compensation for past, future, and current medical costs, lost wages, pain and suffering. Because railroad workers generally earn significantly more than blue-collar workers in other industries, their FELA awards tend to be higher. As a result, it is not unusual to see the parties in a FELA case to settle for significant amounts of money.
The first step in submitting an FELA lawsuit is to reach out to an experienced attorney. An attorney will review the details of your accident to determine if you can file a claim for damages. If you have a valid claim, your lawyer will help you file the appropriate documents and conduct thorough investigations into the accident and your the response of your employer to your claim.
Once the investigation is complete, your attorney will make a claim for damages to your employer. Your employer can then accept a settlement or proceed to an appeal. Trials are expensive and time-consuming, therefore the majority of FELA cases are settled before they reach the court.
During this period you and your attorney will collect medical documents and other evidence to highlight the seriousness of your injuries. Your lawyer will also search for witnesses who are willing to testify in your behalf. You may also decide to pursue legal financing which will provide funds contingent on the settlement you're expecting.
Legal Funding for Pre-settlement does not require a credit check or a review of your past financial history. After looking over your application, a legal funding company will offer you a quote that outlines the terms and conditions of your loan. Accepting the quote could result in you receiving a large sum of money before the case is concluded.
What happens when I lose my case?
Depending on how serious your injury is, you might require medical attention for a time before a settlement is reached. Your lawyer will collect evidence while you are waiting for a settlement, including medical records that show the severity of your injuries and testimony from witnesses to support your claim. If needed your lawyer can help you obtain pre-settlement legal funds to cover ongoing treatment and living expenses while you await an all-inclusive settlement.
Many FELA cases are settled prior to trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays in the case at different stages, and sometimes even after a verdict has been returned. It is always possible to contact a railroad injury lawyer for more details in these instances.
What happens if my case gets lost?
Railroad workers who are injured typically receive a substantial settlement from their employers, because they have a right to make claims for medical expenses, lost wages, and suffering. Additionally, railroad workers have a higher income than blue-collar employees, and have a higher cost of living, which means they can be compensated for greater economic losses.
It's important to recognize that a settlement may take some time. This is due to the fact that FELA lawsuits typically involve a number of interconnected steps like discovery and litigation. If one of the parties files an appeal, it could result in lengthy delays.
During this period attorneys will be able to gather evidence such as medical records and documents which highlight the severity of the injury. They can also look for witnesses to testify on their behalf. If fela lawyer injured person requires financial assistance in this process, he or she can also pursue financing options, like a legal funding loan before settlement.
A pre-settlement legal fund company looks at the case as well as other factors to determine how much they can offer in the form of a loan. This is different from a personal loan, which requires a credit review and financial history. Talk to an FELA claim attorney today to learn more about how to get started.