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 hazardous workplaces. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, and suffering and pain.

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

How long does a FELA case take?

There are a myriad of factors that affect the length of time it takes to process a FELA claim. For instance whether the case is filed in a state or federal court, how much time passes between the time an injury occurs and when the lawsuit is filed and other specific details of the case could impact the length of time required to reach an agreement. Your attorney can estimate the amount of time it will take for your FELA claim to be processed.

Another factor that may impact the time frame the duration of a FELA case will be determined by the speed at which you can get medical evidence to support your injury claim. This could be an important aspect in your case as it can help you get the maximum compensation. In certain cases when you fail to receive medical evidence promptly, your claim may be barred by the statute of limitations.

The final factor that could influence the duration of a FELA case is the speed at which you and your employer are able to negotiate an equitable settlement. In some instances your lawyer might be in a position to settle your FELA claim without having to go to trial. This is possible through alternative dispute resolution options like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers might be worried that filing a FELA complaint could affect 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. In addition, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow injured railroad workers to claim monetary compensation for pain and suffering.

Your attorney must draft a complaint before you can start a FELA suit. This document details your rights against your employer. After your attorney file the complaint, the company is given the opportunity to respond and outline any defenses. This can be a long procedure as your lawyers need to conduct thorough investigations into workplace safety practices, and gather proof in support of your claims.

What happens if I do not get a settlement offer?

FELA cases allow injured railroad workers to seek compensation for future and past medical expenses, lost wages, and suffering and pain. Because railroad injury fela lawyer workers generally earn significantly higher than blue-collar employees in other industries and professions, their FELA awards are typically more substantial. It is not unusual for FELA cases to settle for large sums of money.

The first step in submitting a FELA lawsuit is to contact an experienced attorney. An attorney will review the circumstances surrounding your accident and determine if you have a valid claim to damages. If you have a valid claim your lawyer will help you prepare the proper paperwork and conduct thorough investigations into your accident and employer's response to your claim.

After the investigation has been completed the attorney will then send a claim for damages to your employer. Your employer will then be able to decide to settle the case, or pursue an investigation. Trials are costly and time consuming, so most FELA cases are settled prior to going to the court.

During this time you and your attorney will gather medical records and other evidence to show the severity of your injuries. Your lawyer will also look for witnesses who are willing to testify in your behalf. Additionally, you could decide to pursue legal funding that can offer you funds in accordance with the settlement you are planning to receive.

Legal Funding for Pre-settlement does not require a credit check or a review of your financial history. After reviewing your application, a legal funding company will offer you a quote which outlines the conditions and terms of the loan. If you agree to the quote you could be able to receive thousands of dollars before the case is closed.

What happens if I don't win my case?

Depending on the severity of your injury is, you may require medical attention for a time before you are able to settle. Your lawyer will collect evidence as you wait for a settlement including medical records that show the severity of your injuries as well as testimony from witnesses to support your claim. Your lawyer might be able to assist you obtain pre-settlement funds to cover your ongoing medical treatment and living expenses while you wait for a final settlement.

A lot of FELA cases are settled before trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays at various points in the case, and sometimes after a decision is made. You can always contact an attorney who handles railroad accidents for more information in these situations.

What happens when I lose my case?

Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, as they are entitled to claim compensation for medical expenses, lost wages and suffering. Additionally, railroad injury fela lawyer workers have a higher income than blue-collar employees, and have an increased cost of living and therefore can be compensated for greater economic damages.

It's important to recognize that a settlement may take a long time. This is due to the fact that FELA cases usually involve multiple overlapping steps, such as litigation and discovery. Furthermore, if one the parties files an appeal, it can create lengthy delays in the case.

During this time attorneys will be able to collect evidence such as medical records and documents that demonstrate the severity of an injury. They can also seek out witnesses to testify on their behalf. If the person who was injured requires additional financial support during this process, they could also look into financing options, like a legal loan prior to settlement.

A pre-settlement legal funding company looks at the case along with other aspects to determine how much they can offer in the form of a loan. This differs from a personal loan that requires a credit check and financial history. For more details on how to get started, speak with a skilled FELA claim lawyer today.