FELA Lawsuit SettlementsThe FELA injury claims process is similar to any other personal injury lawsuit. You will work with your attorney conduct a thorough investigation into your injuries and accidents, as well as to negotiate an agreement.
In this period, it is important to collect medical documentation and expert testimony that proves the severity of your injuries. These documents can help strengthen your case and result in a higher settlement.
Settlements
In contrast to workers' compensation cases, FELA claims bypass the typical limit of damages and allow injured railroad employees to claim non-economic losses like future medical expenses, past and continuing suffering and loss of enjoyment of life. This can result in substantial financial settlements.
When a railroad employee files an FELA suit, they must be prepared for months, or even years of legal procedures. It's not ideal, but it's less damaging to the victims when they work with an FELA injury lawyer. An attorney can assist railroad workers who have been injured file a claim, conduct a thorough investigation, and negotiate an agreement with their employer.
In the course of investigation the railroad worker who was injured and their lawyer will likely to question witnesses and look over physical evidence. They will also have to prove that their injuries are the result of the negligence of their employer. However, the burden of proof is considerably lower than that in personal injury cases. This is due to the fact that
FELA operates under an underlying doctrine based on pure negligence.
Once the investigation is concluded the railroad company can begin negotiations. The attorneys of both parties will discuss the case in order to try and reach an agreement. If the two sides are unable come to an agreement, the judge will often order alternative dispute settlement which includes mediation and a mandatory settlement conferences.
The court will encourage parties to settle as it is quicker and less expensive to do this than to go to trial. If a settlement cannot be reached, the lawsuit will go to trial. It can take up to one year from the time of filing an FELA suit until the trial commences, due to preparation and discovery.
Complaints
FELA cases differ from typical workers compensation claims because they are based on negligence rather than simply the fact that an accident occurred. This makes them more complicated and, in most cases, require the assistance of an experienced attorney.
A railroad worker who has been injured must show that the company did not exercise reasonable care to provide a safe and secure working environment, the required tools and equipment for the job or the appropriate help and training. The injury must be severe enough to warrant substantial compensation including medical costs and lost wages. These damages are higher than those awarded under traditional workers' compensation claims due to the fact that FELA allows for non-economic losses like pain and discomfort.
Railroad workers are exposed to toxic chemicals, solvents welding fumes and other harmful emission. These exposures can cause many diseases during the course of their career. For instance, prolonged welding fumes can cause lung diseases like mesothelioma. Chemicals and solvents, such as caustic soda, can also cause damage to the digestive system.
The Supreme Court ruled that if there is even a small evidence of negligence by an employer of railroads, the case should be heard by a juror. The Supreme Court has ruled 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 state or federal courts. A lawyer with experience in the field of law can recommend the best court to file the case based upon a number of aspects, including where the injury took place and where the railroad headquarters or corporate offices are.
Trials
A lawsuit filed under FELA is usually filed in federal court. It may, however, be filed in state courts based on the likelihood of success and amount at the stake. Victims of FELA crimes are entitled to compensation in the following cases:
FELA claims, while similar to workers' compensation they are distinct federal claims. Contrary to workers compensation, which only covers lost wages and medical expenses, FELA claims cover all damages, including past and future medical expenses, benefits, and pain and discomfort. Furthermore, FELA cases have the additional benefit of punitive damages in some circumstances where the evidence of gross negligence is established.
In addition to filing a complaint in addition to filing a complaint, your FELA lawyer will conduct an investigation into the incident and collect evidence like accident reports, medical records, photos, and witness testimony. Your attorney will then work with your employer to reach a settlement. If you cannot reach a satisfactory resolution your case could be heard in court.
In the process of bringing your FELA case to trial could take a long time or even years. During this time the lawyer and you will prepare the case by submitting legal briefs to the court, issuing subpoenas to witnesses, and preparing evidence. There will also be a variety of court proceedings like jury selection, hearings from both parties and the actual trial itself.
If you've suffered an injury at work that is serious and have suffered a serious injury at work, the skilled FELA attorneys at Peter Higgins Law can help. Contact us today to schedule a consultation and learn how we can help you receive fair compensation for your injuries. We suggest that you seek pre-settlement financing to meet your financial obligations while waiting for the FELA settlement of your case.
Alternative Dispute Resolution
Alternative dispute resolution can resolve many disputes that get to the litigation stage in FELA lawsuits that are not in the courtroom. This involves a meeting with an impartial third party that helps both sides reach an agreement without having to go through trial. Some forms of alternative dispute resolution are mediation, negotiation and settlement conference. Most often judges will order that the parties attend these meetings during the litigation process.
Your FELA attorney can assist you to identify the best approach to alternative dispute resolution for your situation. They will discuss your options with you and the railroad's representatives, as well as conduct an investigation of their own into your accident. If you fail to reach a non-court settlement your case could go to trial.
As compared 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, such as suffering and pain to be recovered. Your lawyer will collaborate closely with railroad representatives to ensure you get fair compensation for your injuries. The quality of your expert testimony and the strength of your evidence will have a significant impact on the amount of compensation you receive.
Financing
The Federal Employers' Liability Act mandates that railroad companies provide a safe workplace and compensate employees for injuries sustained at work. FELA protects injured railroad employees from discrimination. However, even if a plaintiff wins their case in court, they might not get their settlement money right away. Insurance companies don't want to pay large sums 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.
The plaintiff who is injured will require cash to cover costs while waiting for the FELA case to be settled.