How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may provide compensation for medical expenses, lost wages, and suffering and pain.
In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as pain and suffering. This is why FELA cases are often rewarded with substantial jury verdicts.
How long will a FELA case take?
Many factors can influence the length of time required to process an FELA case. For instance, whether the case is filed in a federal or state court, how long passes between the time an injury occurs and when the lawsuit is filed, and other specific aspects of the case can affect the length of time it takes to receive a settlement. Your lawyer can provide you with an estimate of the time it will take to process your specific FELA claim.
Another factor that can affect the time frame a FELA case is the speed at which you can get medical evidence to support your claim for injury. This can be an important aspect in your case because it will help you get the most compensation. In certain cases, if you do not receive medical evidence promptly, your claim may be denied due to the statute of limitations.
The final factor that could determine the duration of the FELA case is how quickly you and your employer are able to negotiate an acceptable settlement. In certain cases the lawyer and you might be able to settle your FELA case without having to go to court. This can be done through alternative dispute resolution techniques like mediation arbitrage, negotiated agreements, or mandatory settlement conferences.
Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. It is important to know that FELA prevents employers from retaliating against employees who make an FELA claim. FELA claims also bypass limitations on benefits imposed by the laws governing workers' compensation which allow railroad workers who are injured to receive financial compensation for their suffering and pain.
To make a FELA lawsuit the attorney you hire must prepare the complaint. The complaint outlines the allegations you have against your employer. After your lawyer has filed the complaint, the party who is responding has the opportunity to respond to the allegations and provide any defenses they have. This can be a long process, since your lawyers will need to conduct thorough investigations of workplace safety practices and gather evidence in support of your claim.
What happens if I don't get a settlement?
In FELA cases, injured railroad workers can recover damages for past, future, and current medical expenses, lost wages, and pain and suffering. Railroad workers earn more than other blue-collar employees in other industries. Therefore, their FELA payouts are higher. This is why it is not uncommon to see the parties in a FELA case to settle for significant amounts of money.
The first step to file an FELA lawsuit is to reach out to an experienced attorney. An attorney will analyze the details of your accident and determine whether you have a valid claim for damages. If you have a valid claim your lawyer will assist you file the appropriate paperwork and conduct thorough investigations into the incident and the response of your employer.
Your lawyer will then file an action for damages to your business after the investigation has been completed. Your employer will either agree to a settlement or proceed to a trial. Trials can be costly and lengthy, which is why most FELA cases are settled before going to the courtroom.
During this period you and your attorney will take medical records as well as other evidence to show the severity of your injuries. Your lawyer will also look for witnesses who can be able to testify on your behalf. You can also opt to pursue legal financing, which can offer funds contingent on the settlement you're hoping to receive.
Unlike personal loans from banks and credit unions, legal pre-settlement funding does not require a lengthy credit check or analysis of your financial history. After review of your application, a pre-settlement lawful funding company will provide you with a quote that highlights the conditions and terms of your loan. Accepting fela law firm could result in you receiving a large sum of money before the case is closed.
What happens if I don't win my case?
Depending on the severity of your injury is, you may require medical attention for a while before you can settle. While you are waiting for a resolution, your lawyer will collect evidence, including medical records that show the severity of your injury and testimony from witnesses that can confirm your claim. Your lawyer might be able to help you get pre-settlement funding in order to pay for your ongoing treatment and living costs while you wait for a final settlement.
Many FELA cases settle prior to trial, because both sides are usually driven to avoid costly and risky court proceedings. However, appeals may cause delays in the case at different stages, and even after the verdict has been handed down. You can always reach out to an attorney who handles railroad accidents for more information in these cases.
What happens if I lose my case?
Railroad workers who are injured typically receive a substantial settlement from their employers, since they are entitled to claim compensation for medical expenses, lost wages and suffering and pain. Additionally, railroad workers make more than blue-collar employees, and have higher costs of living and therefore can be compensated for greater economic losses.
However, it's important to realize that it can take some time to reach a settlement. This is because FELA cases typically involve a number of interconnected steps, including litigation and discovery. Furthermore, if one the parties file an appeal, it could cause long delays in the case.
During this time, the attorney may gather evidence, including medical records as well as documents that show the extent of the injury. They may also search for witnesses who will testify on their behalf. If the person who was injured requires additional financial assistance during this procedure, he or she may also seek financing options, including a legal loan prior to settlement.
A pre-settlement legal funding company examines the case along with other aspects to determine how much they can offer in a loan. This is different from a personal loan which requires a credit check and financial history. For more details on how you can get started, speak with a skilled FELA claim lawyer today.