FELA Lawsuit SettlementsThe FELA injury claim process is like any other personal injury lawsuit. Your attorney will help you in analyzing your injuries and accident as well as negotiate the settlement.
During this period it is vital to get medical records and expert testimony to establish the severity of your injury. These documents can strengthen your case and result in an increase in settlement.
Settlements
Unlike workers' compensation cases, FELA claims bypass standard damages limits and allow railroad workers who have been injured to recover economic losses, such as future medical expenses as well as past and ongoing suffering, and loss of enjoyment of life. This could result in significant cash payouts.
If a railroad worker files a FELA lawsuit, they must be prepared for months or years of legal proceedings before their case is resolved. While this is not ideal, it can be less harmful to the victim when they can work with a seasoned FELA injury lawyer. An attorney can assist injured railroad workers submit a claim as well as conduct an investigation and negotiate with their employer for a settlement.
During the investigation stage the railroad worker who was injured and their lawyer will likely to question witnesses and examine physical proof. They'll also have to prove that the injuries they suffered were the result of their employer's negligence. The burden of evidence in these cases is less than it is in personal injury cases. This is due to the fact that FELA operates under a doctrine based on pure negligence.
After the investigation is completed The railroad company will begin the negotiations process. The attorneys of both parties will then discuss the case and attempt to reach an agreement. If the two sides fail to reach an agreement the judge will usually decide to order alternative dispute resolution which includes mediation and a mandatory settlement conferences.
The court will encourage both sides to settle since it is generally more efficient and less expensive than going to trial. If a settlement is not reached, the case will be tried. It could take up to one year from the date of filing a FELA suit until the trial begins, due to the preparation and discovery.
Complaints
FELA cases differ from traditional workers' compensation claims in that they are dependent on negligence, rather than simply the fact that an accident occurred. This makes them more complex, and they often require the assistance of an experienced attorney.
A railroad worker who has been injured must demonstrate that the company failed to exercise reasonable care to ensure a safe working environment, the proper tools and equipment needed for the job or help and training. The injury must be severe enough to warrant significant damages including medical expenses and lost wages. These damages are greater than those awarded under standard workers' compensation because FELA permits non-economic losses, such as pain and discomfort.
Railroad workers can be exposed to a variety of hazardous chemicals and solvents aswell welding fumes and other harmful emissions. These exposures can lead to many diseases during the course of their career. For example, prolonged welding fumes can lead to lung diseases such as mesothelioma. Solvents and chemicals like caustic soda, can also cause damage to the digestive system.
The Supreme Court ruled that if there is even a small evidence of negligence on the part of an employer of railroads, the case should be handled by a juror. The Supreme Court has decided that FELA cases will no longer be heard by judges who are biased in favor of railroad companies, but instead by American juries.
FELA lawsuits can be filed in federal or state courts. However an experienced lawyer in this area of law can advise the appropriate court where the case should be filed based on a range of factors, such as where the injury occurred and the location where the railroad's headquarters or corporate offices are situated.
Trials
A lawsuit brought under FELA is usually filed in federal court. It may, however, be filed in state courts, based on factors such as the likelihood of success as well as the value 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. Contrary to workers compensation, which only covers lost wages and medical expenses, FELA claims cover all damages including future and past medical expenses, benefits, and pain and discomfort. Furthermore, FELA cases have the additional benefit of punitive damages in certain situations where the evidence of gross negligence is established.
Your FELA lawyer will investigate the incident, collect evidence, including medical and accident reports and testify in front of witnesses. Your attorney will then negotiate with your employer in an effort to negotiate a settlement. If you cannot find a solution that is satisfactory, your case may go to trial.
It could take months or even years to present your FELA case before a court. During this period you and your lawyer will prepare the case by filing legal briefs to the court, issuing subpoenas to witnesses and preparing evidence. There will be various court proceedings which include jury selection hearings for both parties, as well as the actual trial.
Peter Higgins Law's knowledgeable FELA attorneys can assist you in the event that you've suffered an injury at work that is serious. Contact us today for a consultation and learn how we can help you get fair compensation for your injuries. In the meantime, we suggest applying for pre-settlement legal financing to aid you in meeting your financial requirements while you wait for your FELA case to be settled.
Alternative Dispute Resolution
Many cases that reach the litigation stage in
FELA lawsuits can be resolved outside of the courtroom through alternative dispute resolution. It involves a meeting with an outside party who can assist both parties reach a compromise without having to go to court. Alternative dispute resolution can be achieved through mediation, negotiation, and settlement conferences. Most often, courts will require that participants attend the meetings during the litigation.
Your FELA lawyer will assist you to determine the alternative dispute resolution strategy that is appropriate for your particular circumstance. They will discuss all options with you and the railroad's representatives, and also conduct an investigation of their own into the circumstances surrounding your accident. If a settlement outside of court is not reached your case will go to trial.
In comparison to workers' compensation, FELA cases often result in higher amounts of damages for railroad workers who have been injured. This is partly because FELA allows non-economic damages like suffering and pain to be recouped. Your lawyer will collaborate with the railroad's representatives to ensure that you receive a fair amount of compensation for your losses and injuries. The quality of your evidence and the quality of your expert testimony will greatly impact the final amount you receive in an agreement or a verdict.
Financing
The Federal Employers' Liability Act requires that railroads offer a safe and secure working environment and pay workers for injuries they sustain at work. FELA also shields railroad workers who are injured from discrimination. However, even if the plaintiff wins their case in court, they may not get their settlement money right away. Insurance companies do not wish to pay large amounts of money to injured plaintiffs. Instead, they might prolong the process and hope that the victim becomes financially desperate enough to accept a small settlement offer.