How Long Do FELA Lawsuits Take to Process?

FELA lawsuits that have been in existence for more than 100 years, have kept railroad workers safe at some of the most dangerous places of work. FELA settlements or trial awards may provide compensation for medical expenses, lost wages and suffering and pain.

In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is the reason FELA cases are typically recognized with significant jury verdicts.

How long does a FELA case take?

Many factors can impact the length of time required to settle a FELA case. For instance, whether the case is filed in a state or federal court, how long is between an injury and when the lawsuit is filed and other specifics of the case could influence the time it takes to receive a settlement. Your attorney can provide an estimate of the time it will take to complete your specific FELA claim.

The speed at which you can collect medical evidence to support your injury claim may also affect the length of a FELA lawsuit. This could be a critical element in your case since it can help you receive the highest amount of compensation possible. In certain situations when you fail to get medical proof promptly your claim could be barred by a statute of limitations.

The final factor that can affect the length of a FELA lawsuit is the speed at which your employer and you can come to a fair settlement. In certain situations, your lawyer may be capable of settling your FELA claim without having to go to trial. 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. It is important to know that FELA does not permit employers to retaliate 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 the complaint. The complaint outlines the allegations you have against your employer. After your attorney submits the complaint, the company will have the opportunity to respond and outline any defenses. This can be a lengthy process, as your attorneys will need to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.

What is the outcome if I don't receive a settlement proposal?

In FELA cases, injured railroad workers are entitled to compensation for past, future and current medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly higher than blue-collar employees in other industries, their FELA awards tend to be higher. It is not uncommon for FELA cases to settle for large amounts of money.

The first step to file a FELA lawsuit is to reach out to an experienced attorney. An attorney will review the details of your accident to determine if you are able to make a claim for damages. If you have a valid claim, your lawyer will assist you prepare the proper paperwork and conduct thorough investigations into the accident and your employer's response to your claim.

Your attorney will file an action for damages to your business after the investigation is concluded. Your employer can then accept a settlement or proceed with an investigation. Trials are expensive and time-consuming, therefore the majority of FELA cases are settled before reaching court.

During this period you and your lawyer will gather medical records and other evidence that show the severity of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. You could also choose to pursue legal financing, which can provide funds based on the settlement you expect.

Unlike personal loans from banks and credit unions, legal pre-settlement funding does not require a lengthy credit check or a review of your financial history. A pre-settlement funder will review your request and provide you with a quote that outlines the terms and conditions 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 lose my case?

Depending on how severe your injury is, you may require medical attention for a time before a settlement is reached. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that show the severity of your injuries and evidence from witnesses who can validate your claim. Your lawyer might be able to help you receive pre-settlement financing to pay for your ongoing treatment and living costs while you wait for a complete settlement.

A lot of FELA cases are settled before trial due to the fact that both sides wish to avoid costly and risky court actions. However, appeals can lead to delays at various points in the case, and often after a verdict is rendered. In these instances, you can always seek out an attorney who handles railroad injuries for additional guidance.

What happens if my case is lost?

Railroad employees who are injured receive a substantial amount from their employer, since they are entitled to claim for medical expenses, lost wage, and discomfort and pain. Railroad workers also earn more than blue-collar employees and have a greater cost of living. This means that they can be compensated more for economic losses.

It is important to realize that it can take some time to reach a settlement. This is because FELA lawsuits typically involve a number of interconnected steps like litigation and discovery. If one of the parties files an appeal, it can also create long delays.

During this time, the attorney will be able to collect evidence such as medical records and documents which highlight the severity of injury. They can also seek out witnesses to be witnesses on their behalf. Additionally, if the injured worker needs additional financial assistance during the process, they could explore financing options, such as a pre-settlement legal funding loan.

A pre-settlement funding company will review the situation, as as other factors, to determine what they can offer. This differs from a personal loan which requires a credit assessment and financial history. Talk to a FELA claim attorney today for more details about how to start.