How Long Do FELA Lawsuits Take to Process?
FELA lawsuits are a common occurrence for more than 100 years, have helped keep railroad workers safe in some of the most hazardous places of work. FELA settlements or trial awards can include compensation for medical expenses, lost wages, pain and suffering.
In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is why FELA cases typically result in significant jury verdicts.
How long will a FELA lawsuit take?
There are a myriad of factors that affect the length of time it takes to settle the FELA claim. The time required to reach a settlement is influenced by a variety of factors depending on whether the case was filed in a federal or state court, the length of time that passed between the date of injury and filing of the lawsuit and other details specific to the particular case. Your attorney can estimate the time it will take to process your FELA claim to be processed.
Another aspect that could affect the amount of time the duration of a FELA case takes is how fast you can obtain medical evidence that supports your injury claim. This could be a crucial aspect in your case because it will help you get the maximum compensation. In some cases claims, you could be barred if you don't get medical proof within a specified time.
The last element that can determine the length of a FELA lawsuit is how quickly your employer and you come to a fair settlement. In certain cases both you and your lawyer may be able settle your FELA case without having to go to court. This can be done through alternative dispute resolution methods like mediation arbitrage, negotiated agreements or mandatory settlement conferences.
Some employees may be worried that filing a FELA complaint will negatively impact their relationship with their employer. It is nevertheless important to know that FELA laws prohibit employers from retaliating against employees who make an FELA claim. FELA claims also evade limitations on benefits imposed by the laws governing workers' compensation, allowing injured railroad workers to receive compensation for their pain and suffering.
To file a FELA lawsuit your lawyer must draft the complaint. The complaint outlines your rights against your employer. After your attorney has filed the complaint, the defendant has the option of responding to the claims and outline any defenses they may have. This could be a lengthy process as your attorneys must conduct thorough investigation into workplace safety practices, and gather evidence to support your claims.
What is the outcome if I don't receive a settlement offer?
In FELA cases railroad workers injured in FELA cases are entitled to compensation for past, future and current medical expenses, lost wages, and suffering and pain. Railroad workers are paid more than blue-collar employees in other industries. Thus, their FELA payouts are more. Therefore, it is not uncommon to see an FELA case to settle for large amounts of money.
An experienced attorney should be the first step towards filing an FELA suit. An attorney will analyze the details of your accident and determine if you have a valid claim to damages. If you have a valid case the lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the accident and your employer's response to your claim.
Your attorney will file an action for damages to your business after the investigation is completed. Your employer can then agree to a settlement, or go through the process of a trial. Trials are expensive and time-consuming, which is why the majority of FELA cases are settled before they reach court.
During this time you and your lawyer will take medical documents and other evidence to show the seriousness of your injuries. Your lawyer will also look for witnesses who can testify in your behalf. In addition, you can decide to pursue legal financing which could provide you with money based on your projected settlement.
fela law firm does not require a credit check or a review of your past financial history. A pre-settlement funding company will review your application and provide you with a quote that outlines the terms and conditions of the loan. Accepting the quote could result in you receiving thousands of dollars before the case is closed.
What happens If I lose my case?
You may require medical treatment for a period of time, depending on the extent of your injury. Your lawyer will gather evidence while you wait for a settlement, including medical records that demonstrate the severity of your injuries and testimony from witnesses to validate your claim. If necessary your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing treatment and living expenses until you receive the final settlement.
Many FELA cases are settled prior to trial due to the fact that both sides wish to avoid costly and risky court actions. However, appeals can result in delays at different stages of the case, and sometimes after a decision is made. In these situations you can always contact a railroad injury attorney to get additional advice.
What happens if my case is lost?
Injured railroad employees receive a large settlement from their employers, since they are entitled to claim medical expenses, lost wage as well as pain and discomfort. Railroad workers also earn more than blue-collar workers and have a greater cost of living. This means they are entitled to more compensation for economic losses.
It's important to recognize that a settlement may take some time. This is because FELA cases often have several interconnected steps, including litigation and discovery. If one of the parties files an appeal, it could cause long delays.
During this period, the attorney may gather evidence, including medical records as well as documents which highlight the extent of the injury. They can also seek out witnesses to testify on their behalf. Additionally, if the injured worker requires additional financial help during the process, they could explore financing options, such as a pre-settlement legal funding loan.
A legal funding company that is pre-settlement analyzes the case as well as other factors to determine how much they are able to offer in a loan. This is different from a personal loan that requires a credit check and review of financial history. Talk to an FELA claim attorney today for more information about how to get started.