How Long Do
FELA Lawsuits Take to Process?
For more than 100 years,
fela law firm lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces.
FELA settlements or trial awards may provide the payment of medical expenses, lost wages, suffering and pain.
In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases typically result in large verdicts by juries.
How long will a FELA case take?
Many factors can influence the time it takes to process a FELA case. The time it takes to reach a settlement will depend on a variety of factors, including whether the case was filed in a federal court or a state court, the amount of time between the date of injury and filing of the lawsuit and other details specific to the particular case. Your lawyer can provide you with an estimate of how long it will take to process your specific FELA claim.
The speed at which you gather medical evidence to support your injury claim could impact the duration of a FELA lawsuit. This could be a critical aspect in your case as it will allow you to receive the maximum amount of compensation you can get. In some cases when you fail to receive medical evidence in a timely manner the claim could be denied due to the statute of limitations.
The final factor that could influence the length of a FELA case is the speed at which you and your employer come to an equitable settlement. In certain situations, your lawyer may be in a position to settle your FELA claim without having to go to trial. This can be accomplished by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences.
Some workers may be concerned that filing a FELA complaint will negatively impact their relationship with their employer. It is important to know that FELA prohibits employers from retaliating against employees who submit a FELA claim. FELA claims also bypass limitations on benefits set forth by workers' compensation laws which allows railroad workers injured to receive financial compensation for their suffering and pain.
To file a FELA lawsuit your lawyer must draft the complaint. This document outlines the claims you have against your employer. After your attorney has filed the complaint, the party who is responding has the opportunity to respond to the claims and outline any defenses they have. This can be a lengthy procedure as your lawyers have to conduct thorough investigations into workplace safety practices and collect proof in support of your claims.
What is the outcome if I don't get a settlement offer?
In FELA cases railroad workers injured in FELA cases can recover damages for past, future and current medical costs, lost wages, suffering and pain. Railroad workers earn more than other blue-collar employees in other industries. Thus, their FELA payouts are higher. Therefore, it is not uncommon for the parties in a FELA case to settle for large amounts of money.
The first step to file an FELA lawsuit is to reach out to an experienced attorney. An attorney will evaluate the circumstances surrounding your accident and determine whether you have a valid claim for damages. If you have a valid case your lawyer will assist you in filing the necessary documents and conducting thorough investigations into the accident and employer's reaction to your claim.
Your attorney will then make a claim for damages to your company once the investigation is concluded. Your employer can then accept a settlement or pursue a trial. Trials can be expensive and lengthy, which is why the majority of FELA cases are settled before going to court.
During this time, you and your lawyer will collect medical records and other evidence that will demonstrate the seriousness of your injuries. Your lawyer will also look for witnesses who can testify in your behalf. In addition, you may opt to pursue legal funding which could provide you with funds based on your projected settlement.
Unlike personal loans from credit unions and banks, legal pre-settlement funding does not require a thorough credit check or review of your financial history. A pre-settlement funder will review your application and offer you a quotation that outlines the terms and conditions of the loan. If you accept the quote, it could result in you receiving thousands of dollars before the case is closed.
What is the outcome if I don't win my case?
You may need to receive medical treatment for a certain amount of time, based on the extent of your injury. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that demonstrate the severity of your injury and evidence from witnesses who can validate your claim. Your lawyer might be able to help you get pre-settlement funding to cover your ongoing medical treatment and living expenses while you wait for a final settlement.
A lot of FELA cases are settled prior to trial due to the fact that both sides want to avoid costly and risky court actions. However, appeals can lead to delays at different stages of the case, and often after a verdict is returned. In these instances, you can always seek out a railroad injury attorney to get additional advice.
What happens when I lose my case?
Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, because they are entitled to make claims for medical expenses, lost wages and pain and suffering. In addition, railroad employees earn much more than blue-collar employees, and have higher costs of living, which means they can be compensated for more significant economic damages.
However, it's important to understand that it can take some time to reach a settlement. This is due to the fact that FELA cases often have several interconnected steps, including litigation and discovery. Additionally, if one of the parties files an appeal, it can create lengthy delays in the case.
During this time, attorneys may gather evidence, including medical records and documents that highlight the extent of the injury. They can also look for witnesses to testify on their behalf. If the injured person requires additional financial assistance during this process, he or she could also look into financing options, such as a legal funding loan before settlement.
A legal funding company that is pre-settlement looks at the case as well as other factors to determine the amount they can offer in the form of a loan. This is unlike the personal loan that requires an examination of credit and a review of financial history. Speak to an FELA claim attorney today for more details about how to start.