How Long Do FELA Lawsuits Take to Process?

For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements or trial awards can include reimbursement for medical expenses, lost wages and suffering and pain.

Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases are often recognized with significant jury verdicts.

How long will a FELA case take?

Numerous factors can affect the length of time required to resolve the FELA case. The time required to reach a settlement can be affected by many factors, including whether the case was filed in a federal court or a state court, the length of time between the time of injury and the filing of the lawsuit and other specifics to the case. Your lawyer can provide you with an estimate of how long it will take to process your particular FELA claim.

Another aspect that could affect the length of time the duration of a FELA case takes is the speed in which you can gather medical evidence to support your injury claim. This could be an important aspect in your case because it will help you get the maximum amount of compensation. In some cases, your claim could be denied if it isn't possible to obtain medical evidence within a specified time.

The final factor that could determine the duration of a fela accident attorney case is the speed at which you and your employer are able to reach a fair settlement. In some instances, your lawyer may be capable of settling your FELA claim without having to go to trial. This can be accomplished through alternative dispute resolution options such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may fear that filing a FELA claim could negatively impact their relationship with their employer. It is important to remember that FELA prohibits employers from retaliating towards employees who file a FELA claim. Additionally, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow injured railroad workers to recover monetary damages for pain and suffering.

To make a FELA lawsuit your lawyer must draft a complaint. The complaint outlines the allegations you have against your employer. After your attorney files the complaint, the employer will be given the chance to respond and outline any defenses. This can be a long process since your lawyers will need to conduct thorough investigation into workplace safety practices, and gather evidence to support your claims.

What is the outcome if I don't get a settlement offer?

FELA cases allow railroad workers who are injured to recover damages for past and future medical expenses, lost wages and suffering. Since railroad workers typically earn higher than blue-collar employees in other industries so their FELA awards tend to be more substantial. As a result, it is not unusual for the parties in a FELA case to settle for substantial amounts of money.

The first step in filing a FELA lawsuit is to reach out to an experienced attorney. An attorney will analyze the details of your accident and determine if you have a valid claim for damages. If you have a valid claim, your lawyer will assist you complete the necessary paperwork and conduct thorough investigations into the incident and the response of your employer.

Your attorney will then submit an offer of damages to your company after the investigation is concluded. Your employer will then either accept a settlement or go through the process of an appeal. Trials can be costly and time-consuming, which is why most FELA cases end up being settled before they reach the courtroom.

During this period you and your attorney will gather medical documents and other evidence to highlight the seriousness of your injuries. Your lawyer will also search for witnesses who can be able to testify on your behalf. You could also choose to pursue legal financing, which will provide funds based on the settlement you're expecting.

Unlike personal loans from credit unions and banks pre-settlement legal financing does not require an extensive credit check or review of your financial history. A pre-settlement financing company will review your application and provide you with a quote highlighting the terms and conditions of the loan. If you accept the offer you could receive thousands of dollars before the case is closed.

What happens when I lose my case?

You may require medical treatment for a certain amount of time, depending on the extent of your injury. Your lawyer will collect evidence as you wait for a settlement, including medical records that show the severity of your injuries as well as witness testimony to prove your claim. If needed your lawyer can assist you obtain pre-settlement legal funding to cover ongoing treatment and living expenses while you wait for the final settlement.

Many FELA cases settle prior to trial, because both sides are usually motivated to avoid expensive and risky court actions. However, appeals may cause delays in the case at different stages, and sometimes after the verdict has been delivered. It is always possible to contact an attorney who handles railroad accidents to get more information about these situations.

What happens if my case is lost?

Railroad employees who have been injured receive a substantial settlement from their employer, since they are entitled to claim for medical expenses, lost wage and discomfort and pain. Railroad workers also have higher earnings than blue-collar workers and have a greater cost of living. This means they can be compensated more for economic damages.

It's important to recognize that a settlement can take a long time. This is due to the fact that FELA cases often have several interconnected steps, including litigation and discovery. If one of the parties files a appeal, it can also cause lengthy delays.

During this period attorneys will be able to gather evidence like medical records and documents which highlight the severity of the injury. They may also search for witnesses who will testify in their behalf. If the injured worker needs additional financial help during this process, they may explore financing options, such as a pre-settlement legal funding loan.

A legal funding company that is pre-settlement analyzes the case and other factors to determine the amount they can offer in a loan. This differs from a personal loan, which requires a credit review and financial history. Speak to an FELA claim attorney today for more details about how to start.