How Long Do FELA Lawsuits Take to Process?
FELA lawsuits, which have been around for more than 100 years, have kept railroad workers safe at some of the most hazardous workplaces. FELA settlements and trial awards may include compensation for medical expenses loss of wages, pain and discomfort.
Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic damages like pain and suffering. This is the reason FELA cases are typically recognized with significant jury verdicts.
How long does a FELA lawsuit take?
There are fela lawsuits that influence how long it takes to settle an FELA claim. The time it takes to settle a case will depend on a variety of factors such as whether the case was filed in a federal court or a state court, the amount of time between the date of injury and filing of the lawsuit, and other details specific to the particular case. Your attorney can estimate the amount of time it will take for your FELA claim to be processed.
Another factor that may impact the amount of time a FELA case is the speed in which you can gather medical evidence to support your claim for injury. This is a significant factor for your case because it can allow you to get the most compensation you can get. In certain cases, your claim could be denied if it isn't possible to obtain medical evidence within a specified time.
The final aspect that can influence the duration of a FELA case is how quickly you and your employer can reach an acceptable settlement. In some instances, you and your lawyer might be able to settle your FELA case without having to go to court. This can be accomplished by using alternative dispute resolution methods like mediation or negotiated agreements, arbitration or mandatory settlement conferences.
Some employees may be concerned that filing a FELA claim will negatively impact their relationship with their employer. It is nevertheless important to know that FELA laws prohibit employers from punishing employees who make an FELA claim. In addition, FELA claims bypass the limits on benefits provided by the laws governing workers' compensation and permit railroad workers injured by injuries to seek compensation for pain and suffering.
Your attorney must draft a complaint prior to when you can make a FELA suit. This document details your rights against your employer. After your lawyer has filed the complaint, the party who is responding has the option of responding to the allegations and outline any defenses they might have. This could be a lengthy process, since your lawyers will have to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.
What happens 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 the pain and suffering. Railroad workers earn more than blue-collar workers from other industries. This means that their FELA awards are higher. As a result, it is not uncommon for a FELA case to settle for significant amounts of money.
Contacting an experienced attorney is the first step in filing an FELA suit. An attorney will evaluate the circumstances surrounding your accident and determine whether you have a valid claim to damages. If you have a valid claim your lawyer will help you complete the necessary paperwork and conduct thorough investigation into the accident and your the response of your employer.
After the investigation is concluded your lawyer will send a claim for damages to your employer. Your employer will then be able to decide to settle the case, or go ahead with an investigation. Trials can be costly and time-consuming, which is the reason the majority of FELA cases are settled before going to court.
During this period, you and your lawyer will gather medical records and other evidence that highlight the extent of your injuries. Your lawyer will also search for witnesses who can provide testimony 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 an extensive credit check or analysis of your financial history. After review of your application, a pre-settlement legal financing company will provide you with a quote that outlines the terms and conditions of your loan. The decision to accept the quote could result in you receiving thousands of dollars prior to the closing of the case.
What happens if I lose my case?
Depending on how severe your injury is, you may need to undergo medical treatment for a while before you can settle. While you are waiting for a resolution, your lawyer will collect evidence, such as medical records that highlight the severity of your injury and evidence from witnesses who can validate your claim. If needed your lawyer can help you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses until you receive an all-inclusive settlement.
Many FELA cases settle before going to trial, because both sides are often driven to avoid costly and risky court actions. However, appeals can result in delays at various points in the case, and sometimes even after a decision is made. In these situations you can always seek out an attorney who handles railroad injuries for additional guidance.
What happens if my case gets lost?
Railroad workers who have been injured usually receive a substantial settlement from their employers, as they are entitled to file claims for medical expenses, lost wages and suffering. In addition, railroad employees have a higher income than blue-collar employees and have higher costs of living, which means they can be compensated for more substantial economic damages.
It's important to realize that a settlement can take some time. This is due to the fact that FELA lawsuits often involve several interconnected steps like discovery and litigation. Furthermore, if one the parties files an appeal, this can create long delays in the case.
During this time, the attorney may gather evidence, including medical records and other documents which highlight the extent of the injury. They can also look for witnesses to be witnesses on their behalf. If the injured worker requires additional financial support during this procedure, he or she could also look into financing options, including a legal loan prior to settlement.
A pre-settlement legal fund company examines the case as well as other aspects to determine how much they are able to offer in a loan. This differs from a personal loan which requires a credit assessment and financial history. Contact an FELA claim attorney today to learn more about how to get started.