How Long Do FELA Lawsuits Take to Process?

FELA lawsuits that have been in existence for more than 100 years, have contributed to keeping railroad workers secure in some of the most dangerous workplaces. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and suffering and pain.

Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases often result in large verdicts by juries.

How long does a FELA case take?

Numerous factors can affect the length of time required to settle an FELA case. For example, whether the case is filed in a federal or state court, how long is required between the time an injury occurs and when the lawsuit is filed and other specific details of the case could affect the length of time required to reach an agreement. Your attorney can estimate the time it will take for your FELA claim to be processed.

Another factor that can affect the amount of time the duration of a FELA case will be determined by the speed in which you can gather medical evidence to support your injury claim. This could be an important aspect in your case because it will help you get the maximum compensation. In certain situations, if you do not receive medical evidence promptly your claim could be denied due to the statute of limitations.

The last element that can determine the duration of the FELA lawsuit is the speed at which your employer and you can come to a fair settlement. In some instances your lawyer might be in a position to settle your liability act fela claim without having to go to trial. This can be done through alternative dispute resolution methods like mediation, negotiated agreements, arbitration or mandatory settlement conferences.

Some workers may fear 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 a FELA claim. FELA claims also evade limitations on benefits provided by workers' compensation laws, allowing injured railroad workers to receive compensation for their pain and suffering.

To make a FELA lawsuit the attorney you hire must prepare an official complaint. This document outlines your claims against your employer. After your lawyer files the complaint, the company will have the opportunity to respond and provide any defenses. This can be a lengthy process as your attorneys have to conduct thorough investigations into workplace safety practices and gather evidence to support your assertions.

What is the outcome if I don't get a settlement offer?

FELA cases allow injured railroad workers to claim compensation for past and future medical expenses, lost wages and suffering. Since railroad workers generally earn much higher than blue-collar employees in other industries and professions, their FELA awards tend to be higher. It is not unusual for FELA cases to settle for large amounts of money.

An experienced attorney should be the first step in filing an FELA suit. An attorney will go over the details of your accident to determine if you are able to claim damages. If you have a valid claim your lawyer will assist you to prepare the proper documents and conduct thorough investigations into your accident and the response of your employer.

Once the investigation is complete, your attorney will submit a request for damages to your employer. Your employer can then accept a settlement or go ahead with an investigation. Trials are costly and time-consuming, which is why the majority of FELA cases are settled prior to going to the court.

During this time, you and your attorney will take medical records as well as other evidence to demonstrate the severity of your injury. Your lawyer will also search for witnesses who are willing to be witnesses on your behalf. You could also choose to pursue legal financing which can provide funds contingent on the settlement you're hoping to receive.

Unlike personal loans from banks and credit unions, pre-settlement legal financing does not require an extensive credit check or analysis of your financial history. After looking over your application, a legal funding company will provide you with a quote that highlights the conditions and terms of the loan. If you accept the quote, it could result in you receiving a large sum of money prior to the closing of the case.

What happens If I lose my case?

You may need to receive medical treatment for a certain amount of time, based on the degree of your injury. Your lawyer will gather evidence while you wait for a settlement including medical records that show the extent of your injuries, as well as witness testimony to prove your claim. If necessary, your lawyer may help you obtain pre-settlement legal funding to cover ongoing treatment and living expenses until you receive an all-inclusive settlement.

Many FELA cases settle prior to trial, since both sides are usually driven to avoid costly and risky court action. However, appeals can cause delays in the case at different stages, and sometimes even after the verdict has been handed down. You can always contact a railroad injury lawyer for more information in these cases.

What happens if I lose my case?

Railroad workers who are injured typically receive a substantial settlement from their employers, as they have a right to claim compensation for medical expenses, lost wages and pain and suffering. Additionally, railroad workers make more than blue-collar employees and have a higher cost of living, which means they can be compensated for greater economic damages.

It's important to recognize that settling a case can take a long time. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. Furthermore, if one the parties file an appeal, it can cause lengthy delays in the case.

During this time, attorneys can gather evidence such as medical records as well as documents that show the severity of the injury. They can also seek out witnesses who will testify on their behalf. In addition, if the injured worker needs additional financial help during this process, they may look into financing options like the pre-settlement legal financing loan.

A legal funding company that is pre-settlement examines the case along with other factors to determine how much they are able to offer in the form of a loan. This differs from the personal loan that requires the use of a credit report and an analysis of financial background. Contact a FELA claim attorney today for more information about how to get started.