How Long Do FELA Lawsuits Take to Process?
For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements or trial awards may provide reimbursement for medical expenses, lost wages, and suffering and pain.
In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases typically result in large jury verdicts.
How long will a FELA case take?
Numerous factors can affect the length of time required to settle the FELA case. The time required to settle a claim is influenced by a variety of factors such as whether the case was filed in federal court or state court, the amount of time between the date of injury and filing of the lawsuit, and other details specific to the case. Your attorney can estimate the time required for your FELA claim to be processed.
The speed at which you can collect medical evidence to support your claim for injury could determine the duration of an FELA lawsuit. This can be an important aspect in your case as it can help you receive the maximum amount of compensation. In some cases your claim may be denied if it isn't possible to obtain medical evidence within a specific timeframe.
The last factor that can determine the length of a FELA case is the speed at which you and your employer come to an acceptable settlement. In some cases, your lawyer may be in a position to settle your FELA claim without going to trial. This can be accomplished through alternative dispute resolution techniques like mediation or negotiated agreements, arbitration or mandatory settlement conferences.
Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. However, it is crucial to be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit a claim. Additionally, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to seek compensation for pain and suffering.
Your attorney must draft a complaint before you can start a FELA suit. The complaint outlines the allegations you have against your employer. After your attorney has filed the complaint, the respondent has the opportunity to respond to the allegations and provide any defenses they may have. This could be a lengthy process, since your lawyers will have to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.
What is the outcome if I don't receive a settlement proposal?
FELA cases allow railroad workers who are injured to recover damages for future and past medical expenses, lost wages and suffering. Because railroad workers generally earn much more than blue-collar workers working in other industries so their FELA awards tend to be higher. It is not unusual for FELA cases to settle for large sums of money.
An experienced attorney should be the first step in filing a FELA suit. An attorney will review the details of your accident to determine if you are able to file a claim for damages. If you have a valid claim, your lawyer will help you prepare the proper paperwork and conduct thorough investigations into the accident and your the response of your employer.
After the investigation is concluded the attorney will then send a claim for damages to your employer. Your employer may then accept a settlement or pursue a trial. Trials can be expensive and time-consuming, which is why most FELA cases settle before they get to court.
During this period the attorney and you will collect medical records, as well as other evidence to highlight the severity of your injuries. fela settlements will also search for witnesses who are willing to be witnesses on your behalf. You can also opt to pursue legal financing, which will provide funds in accordance with the settlement you expect.
Contrary to personal loans offered by credit unions and banks pre-settlement legal funding does not require an extensive credit check or analysis of your financial history. After review of your application, a legal funding company can give you a quotation that outlines the conditions and terms of the loan. If you accept the offer, you can receive thousands of dollars before your case has closed.
What happens If I lose my case?
You could require medical treatment for a specific amount of time, based on the extent of your injury. Your lawyer will gather evidence as you wait for a settlement, including medical records that show the severity of your injuries as well as testimony from witnesses to support your claim. Your lawyer may be able to help you receive pre-settlement financing to pay for your ongoing medical treatment and living expenses while you wait for a full settlement.
Many FELA cases settle prior to trial, since both sides are often driven by the desire to avoid costly and risky court actions. However, appeals may cause delays in the case at different stages, and sometimes even after a verdict has been returned. You can always reach out to a railroad injury lawyer for more details in these instances.
What happens if I lose my case?
Injured railroad workers typically receive a substantial amount of compensation from their employers, since they have a right to claim compensation for medical expenses, lost wages and pain and suffering. In addition, railroad workers have a higher income than blue-collar employees and have an increased cost of living and therefore can be compensated for more substantial economic losses.
It's important to realize that settling a case can take some time. This is because FELA lawsuits usually involve multiple overlapping steps such as litigation and discovery. Additionally, if one of the parties files an appeal, this can cause long delays in the case.
During this period the attorney can gather evidence, such as medical records or documents that demonstrate the severity of an injury. They may also search for witnesses who can testify on their behalf. If the injured worker requires additional financial assistance during this process, they can also pursue financing options, like a legal loan prior to settlement.
A pre-settlement funding company will examine the situation, as well other elements, to determine what they are able to provide. This is different from a personal loan which requires a credit check and review of financial history. Talk to a FELA claim attorney today for more details about how to get started.