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 work environments. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and suffering and pain.
Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases typically result in significant verdicts by juries.
How long does a FELA lawsuit take?
There are a myriad of factors that affect the length of time it takes to process the FELA claim. For instance, whether the case is filed in a federal or state court, how long is between an injury and when the lawsuit is filed and other specific details of the case may affect the length of time it takes to receive a settlement. Your attorney can help you estimate the time required to process your FELA claim to be processed.
Another aspect that could affect the length of time the duration of a FELA case will be determined by the speed in which you can gather medical evidence that supports your claim for injury. This is a significant aspect in your case as it can help you receive the maximum amount of compensation that you are entitled to. In certain situations, if you do not get medical proof in a timely manner, your claim may be barred by the statute of limitations.
The final factor that could affect the duration of the FELA case is the speed at which you and your employer are able to negotiate an equitable settlement. In certain situations the lawyer you choose to work with may be able to settle your FELA claim without going to trial. This can be accomplished through alternative dispute resolution methods like mediation, negotiated agreements, arbitration, or mandatory settlement conferences.
Some employees may be worried about whether filing a FELA complaint could negatively impact their relationship to their employer. It is important to know that FELA does not permit employers to retaliate towards employees who submit a FELA claim. FELA claims also bypass the limitations on benefits set forth by workers' compensation laws which allows railroad workers injured to receive compensation for their pain and suffering.
To file a FELA lawsuit your lawyer must draft the complaint. The complaint outlines the allegations you have against your employer. After your attorney file the complaint, the company will be given the chance to respond and outline any defenses. This can be a long process since your lawyers will have to conduct thorough investigation into workplace safety practices and collect evidence to support your assertions.
What is the consequence if I don't win a settlement?
FELA cases allow railroad workers injured by injuries to seek compensation for future and past medical expenses, lost wages and suffering. Since railroad workers generally earn much more than blue-collar workers in other industries and professions, their FELA awards tend to be more substantial. This is why it is not unusual to see an FELA case to settle for substantial amounts of money.
Contacting an experienced attorney is the first step towards filing a FELA suit. An attorney will review the details of your accident to determine if you are able to claim damages. If you have a valid case the lawyer will assist you in completing the necessary documents and conducting thorough investigations into the accident and employer's response to your claim.
Once the investigation is complete the attorney will then send a claim for damages to your employer. Your employer may then agree to a settlement, or go ahead with a trial. Trials can be costly and time-consuming, which is the reason most FELA cases are settled before going to the courtroom.
During this time you and your attorney will take medical records as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses that can be able to testify on your behalf. You can also opt to pursue legal financing which can provide funds contingent on the settlement you expect.
Legal Funding Presettlement does not require a credit check or review of your previous financial history. A pre-settlement funder will examine your application and give you a quote detailing the terms and conditions of the loan. If you accept the quote you could be able to receive thousands of dollars before your case closes.
What happens when fela law firm lose my case?
Depending on how severe your injury is, you might need to undergo medical treatment for some time before you are able to settle. While you wait for a resolution, your lawyer will collect evidence, including medical records that demonstrate the extent of your injury as well as testimony from witnesses that can verify your claim. Your lawyer may be able to help you obtain pre-settlement funds to cover your ongoing medical treatment and living expenses while you wait for a complete settlement.
A lot of FELA cases settle before going to trial, since both sides are often motivated to avoid expensive and risky court proceedings. However, appeals may cause delays in the case at various stages, and sometimes even after the verdict has been handed down. You can always reach out to a railroad injury lawyer to get more information about these situations.
What happens If I lose my case?
Injured railroad workers typically receive a substantial amount of compensation from their employers, because they are entitled to make claims for medical expenses, lost wages and suffering and pain. Additionally, railroad workers have a higher income than blue-collar employees and have a higher cost of living, which means they can be compensated for greater economic damages.
It's important to realize that a settlement can take a long time. This is because FELA lawsuits often involve several different steps, including discovery and litigation. Additionally, if one of the parties file an appeal, it can result in long delays in the case.
During this period, the attorney will be able to collect evidence such as medical records and documents that highlight the severity of the injury. They can also seek out witnesses who can testify on their behalf. If the injured worker requires financial assistance during this process, they can look into financing options like the pre-settlement legal financing loan.
A pre-settlement funder will look at the case, as well other aspects, to determine what they are able to provide. This is unlike personal loans that requires a credit check and review of financial history. For more information on how to begin, talk to an experienced FELA claim lawyer today.