FELA Lawsuit SettlementsThe FELA injury claim process is the same as any other personal injury lawsuit. You will collaborate with your attorney to conduct a thorough investigation of your injuries and accident and negotiate a settlement.
In this period it is crucial to obtain medical documentation and expert testimony that proves the severity of your injuries. These can strengthen your case and could result in a greater settlement.
Settlements
In contrast to workers' compensation cases, FELA claims bypass the standard limit of damages and allow railroad workers injured by injuries to seek compensation for non-economic losses such as future medical expenses, past and continuing suffering and the loss enjoyment of life. This could result in significant monetary payouts.
When a railroad worker files a
fela railroad accident lawyer lawsuit, they must be prepared to endure months or even years of legal proceedings before their case is resolved. This isn't ideal, but it's less damaging to the victims if they work with an FELA injury attorney. A lawyer can help injured railroad workers make a claim as well as conduct an investigation and negotiate with their employer to reach a settlement.
During the investigation stage the railroad worker injured and their attorney are likely to speak with witnesses and examine physical proof. They will also need to prove that the injuries they suffered were the result of the negligence of their employer. The burden of evidence in these cases is less than in personal injury claims. This is due to FELA laws are based on a doctrine of absolute comparative negligence.
Once the investigation is complete The railroad company will begin the negotiations process. The attorneys of both sides will then discuss the case and try to reach an agreement. If both sides are unable to come to an agreement the judge will usually decide to order alternative dispute resolution which includes mediation and a mandatory settlement conferences.
The court will encourage the parties to settle their differences since it is faster and cheaper to do this than to go to trial. If a settlement cannot be reached, the case will be tried. Due to preparation and discovery, it can take up to a full year to get to trial after filing a FELA lawsuit.
Complaints
FELA cases differ from typical workers compensation claims in that they are founded on negligence, not simply the fact that an accident took place. This makes them more complex and often requires the assistance of an attorney with experience in this area of law.
An injured railroad worker must prove that the company failed to provide reasonable care in providing the safety of its workers as well as the proper tools and equipment to perform the job, or appropriate help and training. The injury must be severe enough to warrant substantial damages, including the cost of medical treatment and lost wages. The amount of damages awarded is much greater than those awarded in classic workers' compensation claims, because FELA also allows for the recovery of non-economic losses, such as pain and suffering.
Railroad workers are exposed to a variety of hazardous chemicals and solvents aswell as welding fumes and other harmful emissions. Over the course of their career, these exposures could penetrate the skin and other defense mechanisms and cause many different illnesses. For example, prolonged welding fumes can cause lung diseases such as mesothelioma. Solvents and chemicals like caustic soda, could cause damage to the digestive system.
The Supreme Court ruled that if there is even a small evidence of negligence on the part of a railroad employer the case should be heard by jurors. The Supreme Court has decided that FELA cases are no longer heard by judges who are biased to favor of railroad companies, but instead by American juries.
FELA lawsuits can be filed in either a state or federal court. However an experienced lawyer in this area can advise where the case should be filed based on a variety of factors, including where the injury occurred and the location where the railroad's headquarters and corporate offices are in.
Trials
A lawsuit brought under FELA is typically filed in federal court. However, it can be filed in state court, based on a number of factors, including the likelihood of success and the amount at to be at stake. 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 unique kind of federal claim. Unlike workers' comp which only covers the cost of medical expenses and lost wages FELA claims can pay for all damages that are a result of the injury including the future and past medical bills, benefits and pain and suffering. FELA claims can also cover punitive damages if gross negligence is proven.
In addition to filing a formal complaint, your FELA lawyer will conduct an investigation into the incident and collect evidence, including medical records, accident reports photographs, witness testimonies. Your lawyer will then negotiate a settlement with your employer. If a satisfactory solution is not reached the case will go to trial.
Taking your FELA case to trial can take many months or years. During this time, you and your attorney will prepare for the trial by filing legal briefs with the court, making subpoenas to witnesses, and preparing exhibits. There will be various court proceedings, including jury selection, hearings for both parties, and the actual trial.
If you have sustained a serious work-related injury, the experienced FELA attorneys at Peter Higgins Law can help. Contact us today to schedule an appointment and find out how we can help you get fair compensation for your injuries. In the meantime, we advise pursuing pre-settlement legal funding to assist you in meeting your financial requirements while waiting for your FELA case to be settled.
Alternative Dispute Resolution
Alternative dispute resolution can resolve many disputes that get to the stage of litigation in FELA lawsuits that are not in the courtroom. It involves meeting with an outside party who can help both parties reach a compromise without going to court. Alternative dispute resolution may include mediation, negotiation, and settlement conferences. Most 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 all options with you and the railroad's representatives and conduct an investigation into the circumstances surrounding your incident. If a settlement outside of court is not reached, your case will proceed to trial.
In comparison to workers compensation, FELA cases often result in higher damages for railroad workers who have been injured. This is due in part to the fact that FELA allows for the recovery of non-economic damages like suffering and pain. 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 quality of your expert testimony and the strength of your evidence will have a significant effect on the amount of compensation you receive.
Financing
The Federal Employers' Liability Act (FELA) obliges railroad companies to offer workers a safe working environment and compensation for injuries sustained during work. FELA protects railroad employees who are injured from discrimination. Even if a lawsuit is won in court, the money could not be distributed immediately. This is because insurance companies do not want to give large sums to injured plaintiffs.