How Long Do FELA Lawsuits Take to Process?
FELA lawsuits are a common occurrence for more than a hundred years, have helped keep railroad workers safe at some of the most hazardous places of work. FELA settlements and trial awards may include compensation for medical costs loss of wages, pain and discomfort.
Unlike workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is the reason FELA cases often result in substantial jury verdicts.
How long will a FELA case take?
Many factors can influence the time it takes to resolve an FELA case. The time required to reach a settlement can be affected by many factors, including whether the case was filed in a federal or state court, the length of time that passed between the injury and the filing of the lawsuit and other details specific to the particular case. Your attorney can give you an estimate of the time it will take to settle your specific FELA claim.
The speed at which you can gather medical evidence to support your injury claim could impact the duration of an FELA lawsuit. This is a significant element in your case since it can help you receive the maximum amount of compensation possible. In certain situations in the event that you fail to get medical proof in a timely manner the claim could be denied due to a statute of limitations.
The final factor that can affect the length of the FELA lawsuit is the speed at which your employer and you can come to a fair settlement. In some instances, your lawyer may be in a position to settle your FELA claim without having to go to trial. This can be accomplished through alternative dispute resolution methods like mediation or negotiated agreements, arbitration or mandatory settlement conferences.
Some workers might be worried that filing a FELA claim will negatively impact their relationship with their employer. But, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit an FELA claim. FELA claims also bypass limitations on benefits provided by the laws governing workers' compensation, allowing injured railroad workers to receive financial compensation for their suffering and pain.
To start a FELA lawsuit your lawyer must draft an official complaint. The document will outline the claims you have against your employer. Once your attorney has filed the complaint, the party who is responding has the option of responding to the allegations and provide any defenses they might have. This can be a lengthy procedure as your lawyers have to conduct thorough investigation into workplace safety practices and collect evidence to support your assertions.
What is the outcome if I don't receive a settlement proposal?
In FELA cases railroad workers injured in FELA cases can seek compensation for past, future, and current medical costs, lost wages, pain and suffering. Railroad workers earn more than other blue-collar workers from other industries. Thus, their FELA awards are higher. It is not uncommon to see 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 examine the details of your accident to determine whether you are eligible to file a claim for damages. If you have a valid claim, your lawyer will help you prepare the proper paperwork and conduct thorough investigation into the incident and the response of your employer.
Your attorney will then submit a claim for damages to your business after the investigation has been completed. Your employer may then agree to a settlement, or pursue the trial. Trials can be costly and time-consuming, which is the reason most FELA cases end up being settled before they reach court.
During this time you and your attorney will collect medical records and other evidence to highlight the severity of your injury. Your lawyer will also look for witnesses that can testify on your behalf. You may also decide to pursue legal financing, which will provide funds in accordance with the settlement you expect.
Unlike personal loans from credit unions and banks pre-settlement legal funding does not require an extensive credit check or a review of your financial history. After review of your application, a pre-settlement legal financing company will offer you a quote that outlines the terms and conditions of your loan. If you agree to the quote you could receive thousands of dollars before the case is closed.
What happens if I don't win my case?
fela railroad settlements may require medical treatment for a specific amount of time, based on the degree of your injury. Your lawyer will collect evidence while you wait for a settlement, including medical records that prove the severity of your injuries and testimony from witnesses to support your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses until you receive the final settlement.
A lot of FELA cases settle before going to trial, since both sides are often driven to avoid costly and risky court actions. However, appeals can lead to delays in the case at different stages, and even after a verdict has been returned. In these cases you can always contact an attorney representing railroad accidents for additional guidance.
What happens if I lose my case?
Injured railroad employees receive a substantial amount from their employers, since they are entitled to claim medical expenses, lost wage and discomfort and pain. In addition, railroad workers have a higher income than blue-collar employees, and have higher costs of living, which means they can be compensated for more substantial economic losses.
It's important to realize that settling a case can take some time. This is due to the fact that FELA lawsuits often involve several overlapping steps such as litigation and discovery. If one of the parties files an appeal, it could result in lengthy delays.
During this time, the attorney can gather evidence, such as medical records or documents which highlight the severity of an injury. They can also search for witnesses to be witnesses on their behalf. If the injured person requires additional financial assistance during this process, he or she may also seek financing options, like a legal financing loan prior to settlement.
A pre-settlement funding company will examine the situation, as well other aspects to determine what they could offer. This differs from a personal loan that requires a credit assessment and financial history. Contact an FELA claim attorney today for more details on how to begin.