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 hazardous workplaces. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and pain and suffering.
Unlike workers' comp cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases are typically rewarded with substantial jury verdicts.
How long does a FELA lawsuit take?
Numerous factors can affect the time it takes to process the FELA case. For fela case settlements whether the case is filed in a federal or state court, how much time is between the time an injury occurs and when the lawsuit is filed and other specific aspects of the case can impact the length of time it takes to receive a settlement. Your lawyer can provide you with an estimate of how long it will take to process your particular FELA claim.
Another factor that may impact the amount of time the duration of a FELA case takes is how fast you can obtain medical evidence that supports your injury claim. This could be an important element in your case since it will allow you to get the most compensation. In some instances, your claim could be denied if it isn't possible to obtain medical evidence within a specified time.
The last factor that could affect the duration of a FELA lawsuit is how quickly your employer and you reach a fair deal. In some instances your lawyer might be capable of settling your FELA claim without having to go to trial. This can be done through alternative dispute resolution methods like mediation or negotiated agreements, arbitration or mandatory settlement conferences.
Some workers may be concerned about whether filing a FELA complaint will negatively impact their relationship with their employer. But, it is crucial to be aware that FELA laws prohibit employers from punishing employees who submit an FELA claim. Additionally, FELA claims bypass the limits on benefits set by workers' compensation laws and allow injured railroad workers to seek compensation for pain and suffering.
Your attorney must draft a complaint before you can file a FELA suit. The complaint outlines your rights against your employer. Once your attorney has filed the complaint, the defendant has the opportunity to respond to the allegations and provide any defenses they might have. This could be a lengthy procedure as your lawyers have to conduct thorough investigation into workplace safety practices and gather evidence to support your claims.
What is the outcome if I don't receive a settlement offer?
FELA cases allow railroad workers who are injured to recover damages for past and future medical expenses, lost wages and pain and suffering. Railroad workers are paid more than blue-collar employees in other industries. This means that their FELA payouts are more. Therefore, it is not uncommon to see an FELA case to settle for large amounts of money.
The first step in filing an FELA lawsuit is to contact an experienced attorney. An attorney will evaluate the circumstances surrounding your accident and determine if you have a valid claim to damages. If you have a valid claim, your lawyer will assist you to file the appropriate documents and conduct thorough investigations into the accident and your the response of your employer.
Your attorney will then submit an action for damages to your company after the investigation is completed. Your employer may then accept a settlement or go ahead with an investigation. Trials are expensive and time consuming, so most FELA cases are settled before reaching court.
During this period you and your lawyer will collect medical records and other evidence that show the seriousness of your injuries. Your lawyer will also search for witnesses who can be witnesses on your behalf. You could also choose to pursue legal financing, which will provide funds based on the settlement you expect.
In contrast to personal loans from credit unions and banks pre-settlement legal financing does not require a lengthy credit check or a review of your financial history. A pre-settlement financing company will review your request and provide you with a quote highlighting the terms and conditions of the loan. If you accept the quote, it could result in you receiving thousands of dollars prior to the closing of the case.
What happens when I lose my case?
Depending on how serious your injury is, you may require medical attention for some time before a settlement is reached. Your lawyer will gather evidence while you are waiting for a settlement, including medical records that prove the extent of your injuries, as well as witness testimony to prove your claim. Your lawyer may be able to assist you get pre-settlement funding to cover your ongoing treatment and living expenses while you wait for a complete settlement.
Many FELA cases settle before going to trial, because both sides are often motivated to avoid expensive and risky court action. However, appeals can lead to delays at different stages of the case, and often after a verdict is returned. In these cases you are able to contact an attorney representing railroad accidents for further advice.
What happens if my case gets lost?
Injured railroad workers typically receive an extensive settlement from their employers, as they have a right to file claims for medical expenses, lost wages and pain and suffering. Additionally, railroad workers have a higher income than blue-collar employees and have an increased cost of living which means they are able to be compensated for greater economic losses.
However, it's important to understand that it can take time to obtain a settlement. This is due to the fact that FELA lawsuits usually involve multiple different steps, including litigation and discovery. If one of the parties files a appeal, it could cause long delays.
During this period, the attorney can gather evidence such as medical records and documents that show the severity of the injury. They can also look for witnesses to provide testimony on their behalf. Additionally, if the injured worker requires financial assistance during the process, they could pursue financing options such as a pre-settlement legal funding loan.
A pre-settlement funder will examine the situation, as well other aspects, to determine what they are able to offer. This differs from a personal loan that requires a credit assessment and financial history. Talk to a FELA claim attorney today to learn more about how to get started.