How Long Do FELA Lawsuits Take to Process?
For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and pain and suffering.
Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damage such as suffering and pain. This is why FELA cases usually result in large jury verdicts.
How long will a FELA lawsuit take?
There are a myriad of factors that affect the length of time it takes to resolve a FELA claim. The time it takes to settle a case is influenced by a variety of factors such as whether the case was filed in a federal court or a state court, the length of time that passed between the injury and the filing of the lawsuit, and other particulars specific to the case. Your attorney can give you an estimate of the time it will take to complete your specific FELA claim.
The speed at which you can gather medical evidence to support your injury claim could impact the duration of the FELA lawsuit. This can be an important element in your case since it will allow you to get the maximum compensation. In some cases when you fail to get medical proof promptly, your claim may be denied due to the statute of limitations.
The last factor that could determine the duration of the FELA lawsuit is the speed at which your employer and you can reach a fair deal. In some instances your lawyer might be capable of settling your FELA claim without going to trial. This can be achieved by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences.
Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. But, it is important to know that FELA laws prohibit employers from taking retaliatory action against employees who file a claim. In addition, FELA claims bypass the limitations on benefits imposed by workers' compensation laws and allow injured railroad workers to claim monetary compensation for pain and suffering.
Your attorney must draft a complaint before you can file a FELA suit. The complaint outlines your rights against your employer. After your attorney files the complaint, the employer is given the opportunity to respond and outline any defenses. This can be a long process, as your attorneys will need to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.
What happens if I do not receive a settlement offer?
FELA cases allow railroad workers injured by injuries to claim compensation for future and past medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly more than blue-collar workers in other industries so their FELA awards are typically higher. As a result, it is not unusual for a FELA case to settle for substantial amounts of money.
A professional attorney is the first step to filing a FELA suit. An attorney will evaluate the details of your accident and determine if you have a valid claim to damages. If you have a valid claim, your lawyer will assist you to file the appropriate paperwork and conduct thorough investigation into your accident and the response of your employer to your claim.
Your attorney will make an offer of damages to your business after the investigation is concluded. Your employer can then agree to a settlement or go through the process of trial. Trials are expensive and time consuming, so most FELA cases are settled prior to going to the court.
During this time you and your lawyer will gather medical documents and other evidence to show the extent of your injuries. Your lawyer will also search for witnesses who are willing to be witnesses on your behalf. railroad injury fela lawyer could also choose to pursue legal financing, which can offer funds in accordance with the settlement you're hoping to receive.
Legal Funding Presettlement does not require a credit check or a review of your previous financial history. A pre-settlement financing company will examine your application and give you a quote highlighting the terms and conditions of the loan. Accepting the quote could result in you receiving a large sum of money before the case is concluded.
What happens when I lose 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 gather evidence, such as medical records that highlight the severity of your injuries and evidence from witnesses who can confirm 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.
A lot of FELA cases settle before going to trial, because both sides are usually driven to avoid costly and risky court actions. However, appeals can cause delays at different stages of the case, and often after a verdict is returned. In these instances you are able to reach out to an attorney who handles railroad injuries to get additional advice.
What happens If I lose my case?
Injured railroad employees receive a substantial settlement from their employer, since they are entitled to claim for medical expenses, lost wage, and discomfort and pain. In addition, railroad workers make more than blue-collar employees, and have a higher cost of living which means they are able to be compensated for more significant economic damages.
However, it's important to recognize that it could take time to obtain a settlement. This is due to the fact that FELA cases usually involve multiple interconnected steps, including litigation and discovery. If one of the parties files a appeal, it could create long delays.
During this period, the attorney can gather evidence, such as medical records or documents which highlight the severity of the injury. They can also seek out witnesses who will testify on their behalf. If the person who was injured requires additional financial support during this process, he or she could also look into financing options, including a legal funding loan before settlement.
A pre-settlement funder will look at the situation, as well as other factors, to determine what they are able to offer. This differs from personal loans that requires the use of a credit report and an analysis of financial history. Contact an FELA claim attorney today for more details about how to get started.