How Long Do FELA Lawsuits Take to Process?

FELA lawsuits are a common occurrence for more than 100 years, have kept railroad workers safe at some of the most dangerous workplaces. FELA settlements or trial awards may include the payment of medical expenses, lost wages, and pain and suffering.

Unlike workers' comp cases, 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 lawsuit take?

Many factors can influence the time it takes to process the FELA case. The time it takes to settle a case can be affected by many factors, including whether the case was filed in a federal employers’ liability act 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 attorney can help you estimate the amount of time it will take to process your FELA claim to be processed.

The speed at which you can collect medical evidence to support your injury claim may also impact the length of a FELA lawsuit. This can be an important aspect in your case because it will help you receive the maximum amount of compensation. In some cases, if you do not receive medical evidence promptly your claim could be barred by a statute of limitations.

The final aspect that can affect the duration of a FELA case is how quickly you and your employer can reach a fair settlement. In some instances the lawyer and you may be able settle your FELA case without going to court. This can be achieved by using alternative dispute resolution methods like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who file claims. Additionally, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow railroad workers who are injured to seek compensation for pain and suffering.

To make a FELA lawsuit the attorney you hire must prepare an official complaint. The complaint outlines the allegations you have against your employer. After your attorney has filed the complaint, the defendant is able to respond to the claims and outline any defenses they may have. This can be a lengthy 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 receive a settlement?

In FELA cases, injured railroad workers can recover damages for past, future and current medical expenses, lost wages and suffering and pain. Because railroad workers generally earn significantly higher than blue-collar employees in other industries, their liability act fela awards are typically more substantial. This is why it is not uncommon for the parties in a FELA case to settle for large amounts of money.

An experienced attorney should be the first step to filing a FELA suit. An attorney will go over the details of your accident to determine if you can make a claim for damages. If you have a valid case, your lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the accident and your employer's reaction to your claim.

Your attorney will make an offer of damages to your business after the investigation is completed. Your employer can then agree to a settlement, or go ahead with an investigation. Trials are costly and time-consuming, therefore the majority of FELA cases are settled before they reach the court.

During this time the attorney and you will collect medical records, as well as other evidence to show the severity of your injuries. Your lawyer will also look for witnesses who can be witnesses on your behalf. You can also opt to pursue legal financing, which can provide funds contingent on the settlement you're hoping to receive.

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

What happens If I lose my case?

You could require medical treatment for a certain amount of time, depending on the extent of your injury. Your lawyer will gather evidence while you are waiting for a settlement, including medical records that prove the severity of your injuries as well as testimony from witnesses to validate your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you wait for an all-inclusive settlement.

Many FELA cases settle prior to trial, as both sides are often driven by the desire to avoid costly and risky court actions. However, appeals can lead to delays at different stages of the case, and often after a verdict is rendered. You can always reach out to a railroad injury lawyer for more details in these situations.

What happens if I lose my case?

Railroad employees who have been injured receive a substantial amount from their employers, since they are entitled to claim medical expenses, lost wage and pain and discomfort. Additionally, railroad workers make more than blue-collar workers and have higher costs of living which means they are able to be compensated for more substantial economic losses.

However, it's important to realize that it can take time to obtain a settlement. This is due to the fact that FELA lawsuits usually involve multiple different steps, including litigation and discovery. If one of the parties files a appeal, it could cause lengthy delays.

During this period, the attorney may gather evidence, including medical records as well as documents that highlight the severity of the injury. They may also search for witnesses who will testify on their behalf. Additionally, if the injured worker requires additional financial assistance during this process, they may explore financing options, such as an advance settlement legal funding loan.

A pre-settlement financing company will look at the case, as well as other factors, to determine what they can provide. This is different from a personal loan, which requires a credit assessment and financial history. Talk to an FELA claim attorney today for more information about how to get started.