FELA Lawsuit SettlementsThe FELA injury claims process is similar to any other personal injury lawsuit. Your lawyer will assist you investigate your accident and injuries and negotiate an agreement.
During this time, it is important to collect medical documentation and expert testimony that proves the severity of your injuries. They will strengthen your case and could result in a greater settlement.
Settlements
Unlike workers' compensation cases, FELA claims bypass standard damages limits and allow injured railroad workers to claim non-economic losses such as future medical expenses as well as past and ongoing suffering, and loss of enjoyment of life. This can lead to substantial financial settlements.
When a railroad worker decides to file a FELA lawsuit, they must be prepared for months or years of legal proceedings before the case is resolved. It is not ideal however it is less damaging to the victims if they work with a FELA injury attorney. An attorney can help railroad workers who have been injured file an injury claim, conduct a thorough investigation, and negotiate a settlement with their employer.
In the course of investigating, the railroad worker injured and their attorney are likely to conduct interviews with witnesses and examine physical evidence. They will also have to prove that their injuries are due to the negligence of their employer. However the burden of proof is considerably lower than that in personal injury cases. This is because FELA operates under a doctrine based on pure negligence.
After the investigation is completed, the railroad company may begin the negotiations process. The attorneys of both parties will discuss the matter to attempt to reach an agreement. If both sides are unable to reach a consensus the judge may decide to order alternative dispute resolution which includes mediation and a mandatory settlement conferences.
The court will urge the parties to settle their differences since it is quicker and less expensive to do this than going to trial. If a settlement cannot be reached, the case will go to trial. It could take as long as one year from the time of filing an FELA suit until the trial commences due to the preparation and discovery.
Complaints
FELA claims differ from traditional workers' compensation claims in that they are more based on negligence rather than the simple fact that an accident occurred. This makes them more complex, and they often require the assistance of an experienced attorney.
A railroad worker who is injured must demonstrate that the company did not exercise reasonable care to provide a safe working environment, the proper tools and equipment required for the job, or the necessary help and training. The injury must be severe enough to warrant substantial damages that include medical treatment and lost wages. These damages are far greater than those awarded in traditional workers' compensation cases, because FELA also allows for the reimbursement of non-economic damages, like pain and suffering.
Railroad workers are exposed to dangerous chemicals, solvents, welding fumes and other harmful emissions. These exposures can cause various ailments during the course of their career. For example, prolonged welding fumes can cause lung diseases like mesothelioma. Similarly, chemicals and solvents like caustic soda could harm the digestive system.
The Supreme Court ruled that if there is even a slight evidence of negligence on the part of an employer of railroads, then a lawsuit should be handled by jurors. This has made FELA cases away from the hands judges who have traditionally been biased towards railroad companies and put them firmly in the juries of American juries.
FELA lawsuits may be filed in either state or federal court. However an attorney with experience in this area of law can advise which court to be filed based on a variety of factors, such as where the injury occurred and the location where the railroad's headquarters and corporate offices are located.
Trials
A lawsuit brought under the FELA is usually filed in federal courts. It may, however, be filed in state courts, based on factors like the likelihood of success as well as the the amount at to be at risk. In FELA cases, victims are entitled to compensation for the following reasons:
Although FELA claims are similar to those of workers compensation, they are their own distinct type of federal claim. In contrast to workers compensation, which only covers medical and lost wages expenses, FELA claims cover all damages, including past and future medical expenses, benefits, and pain and discomfort. FELA claims can also include punitive damages if gross negligence is proven.
In addition to filing a complaint, your FELA lawyer will conduct an investigation into the incident and gather evidence such as accident reports, medical records photographs, witness testimony. Your lawyer will then negotiate an agreement with your employer. If a fair resolution is not reached your case will be taken to trial.
In the process of bringing your FELA case to trial can take months or even years. During this time, both you and your attorney will prepare for the trial by filing legal briefs with the court, submitting subpoenas to witnesses, and creating exhibits. There will be various court proceedings which include jury selection hearings for both parties, as well as the actual trial.
If you have sustained an injury at work that is serious, the experienced FELA attorneys at Peter Higgins Law can help. Contact us today to set up a consultation and learn how we can assist you to receive fair compensation for your injuries. In the meantime, we suggest pursuing pre-settlement legal funding to help you meet your financial needs while you wait for your FELA case to be settled.
Alternative Dispute Resolution
Alternative dispute resolution can help resolve many disputes that get to the stage of litigation in FELA lawsuits outside of the courtroom. It involves a meeting with a third person who can help both sides reach a resolution without having to go to court. Alternative dispute resolution can be achieved through mediation, negotiation, and settlement conferences. Often, a judge will mandate that parties attend these meetings during the litigation process.
Your FELA attorney can assist you to determine the best method of alternative dispute resolution for your particular situation. They will discuss your options with you as well as the railroad representatives. They will also conduct an investigation of the incident. If you cannot reach an out-of court settlement your case could go to trial.
FELA cases can result in greater damages than workers' compensation claims for railroad workers who are injured. This is mainly because FELA allows non-economic damages like pain and suffering to be recovered. Your lawyer will collaborate with the railroad's representatives to ensure that you get a fair amount of compensation for your injuries and losses. The strength of your evidence and the quality of expert testimonies will significantly affect the amount you get in an agreement or a verdict.
Financing
The Federal Employers' Liability Act (
fela settlements) requires railroads to offer workers a safe work environment and compensation for injuries sustained during work. FELA protects injured railroad employees from discrimination. However, even if the plaintiff prevails in court, they may not receive the settlement immediately. Insurance companies don't want to offer large sums of money to injured plaintiffs. Instead, they may drag the process out and hope that the victim will become financially desperate enough to take a small settlement offer.
In the meantime, waiting for an FELA lawsuit to settle the plaintiff's claim, he needs cash to cover expenses and other financial obligations.