How Long Do FELA Lawsuits Take to Process?

FELA lawsuits, which have been around for more than a hundred years, have helped keep railroad workers safe in some of the most dangerous places of work. FELA settlements or trial awards can include reimbursement for medical expenses, lost wages, suffering and pain.

Unlike workers' comp cases, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases are often rewarded with substantial jury verdicts.

How long does a FELA lawsuit take?

Many factors can impact the length of time required to process an FELA case. The time it takes to settle a claim will depend on a variety of factors, including whether the case was filed in a federal employers liability or state court, the amount of time that passed between the injury and the filing of the lawsuit and other details specific to the particular case. Your attorney can provide an estimate of how long it will take to complete your particular FELA claim.

Another factor that can affect the length of time the duration of a FELA case takes is the speed at which you can get medical evidence that supports your claim for injury. This could be a crucial element in your case as it can help you get the maximum amount of compensation. In certain cases your claim may be barred if you don't get medical proof within a certain time frame.

The last element that can determine the duration of a FELA lawsuit is how quickly your employer and you can reach a fair agreement. In certain cases, you and your lawyer could be able to settle your FELA case without going to court. This can be accomplished through alternative dispute resolution methods like mediation or negotiated agreements, arbitration or mandatory settlement conferences.

Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. It is important to note that FELA prohibits employers from retaliating against employees who make an FELA claim. Additionally, fela lawsuit settlements claims bypass the limits on benefits provided by the laws governing workers' compensation and allow railroad workers who are injured to recover monetary damages for pain and suffering.

Your attorney must draft a complaint prior to when you can make a FELA suit. The complaint outlines the allegations you have against your employer. After your attorney file the complaint, the respondent will have the opportunity to respond and provide any defenses. This can be a long process, as your attorneys must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What happens if I don't get a settlement offer?

In FELA cases, injured railroad workers can recover damages for past, future and current medical costs, lost wages, the pain and suffering. Railroad workers are paid more than blue-collar employees in other industries. Thus, their FELA awards are higher. This is why it is not unusual for a FELA case to settle for large amounts of money.

A professional attorney is the first step in filing a FELA suit. An attorney will examine the details of your accident to determine whether you are eligible to claim damages. If you have a valid claim, your lawyer will assist you in filing the necessary paperwork and conducting thorough investigations into the accident and employer's reaction to your claim.

Your attorney will then file an action for damages to your company once the investigation is concluded. Your employer can then agree to a settlement or go through the process of an appeal. Trials can be expensive and time-consuming, which is why most FELA cases are settled before going to the courtroom.

During this time the attorney and you will take medical records as well as other evidence to show the severity of your injury. Your lawyer will also look for witnesses that can provide testimony on your behalf. Additionally, you could decide to pursue legal financing, which can provide you with funds based on your projected settlement.

Contrary to personal loans offered by credit unions and banks pre-settlement legal financing does not require an extensive credit check or analysis of your financial history. After reviewing your application, a pre-settlement legal financing company will provide you with a quote which outlines the terms and conditions of your loan. If you accept the quote you could receive thousands of dollars before your case closes.

What happens if I lose my case?

Depending on how severe your injury is, you may require medical treatment for a time before a settlement is reached. While you wait for a resolution your lawyer will collect evidence, including medical records that demonstrate the extent of your injury as well as testimony from witnesses that can validate your claim. Your lawyer might be able to assist you obtain pre-settlement funds to pay for your ongoing medical treatment and living expenses while you wait for a full settlement.

Many FELA cases settle prior to trial, since both sides are often motivated to avoid expensive and risky court action. However, appeals can result in delays at various points in the case, and sometimes even after a verdict is returned. It is always possible to contact a railroad injury lawyer for more details in these situations.

What happens If I lose my case?

Railroad workers who are injured typically receive an extensive settlement from their employers, as they have a right to make claims for medical expenses, lost wages and suffering and pain. In addition, railroad workers earn much more than blue-collar workers and have higher costs of living, which means they can be compensated for more substantial economic damages.

However, it's important to realize that it may take a long time to settle. This is because FELA cases usually involve multiple interconnected steps, including litigation and discovery. If one of the parties files an appeal, it could cause lengthy delays.

During this period attorneys will be able to gather evidence like medical records and documents which highlight the severity of the injury. They can also look for witnesses to provide testimony on their behalf. In addition, if the injured worker needs additional financial help during this process, they may pursue financing options such as a pre-settlement legal funding loan.

A pre-settlement funder will examine the case, as well other aspects, to determine what they are able to provide. This is different from personal loans, which requires an examination of credit and a review of financial background. Talk to an FELA claim attorney today to learn more about how to get started.