How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may include compensation for medical expenses, lost wages, and pain and suffering.

In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases are often awarded with large jury verdicts.

How long does a FELA lawsuit take?

There are a variety of factors that influence how long it takes to process the FELA claim. For example whether the case is filed in a state or federal employers’ liability court, how long is required between an injury and when the lawsuit is filed and other specific details of the case could influence the time it takes to receive a settlement. Your lawyer can estimate the 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 is the speed in which you can gather medical evidence that supports your injury claim. This could be an important factor in your case, as it can help you get the most compensation. In some cases, your claim could be barred if you don't obtain medical evidence within a certain time frame.

The final aspect that can determine the length of a FELA case is how quickly you and your employer negotiate an acceptable settlement. In certain cases both you and your lawyer might be able to settle your FELA case without having to go to court. This can be done through alternative dispute resolution methods such as mediation arbitrage, negotiated agreements or mandatory settlement conferences.

Some workers may be concerned that filing a FELA complaint will negatively impact their relationship with their employer. It is important to remember that FELA prohibits employers from retaliating towards employees who file an FELA claim. In addition, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow injured railroad workers to claim monetary compensation for pain and suffering.

Your attorney must draft a complaint before you can make a FELA suit. The complaint outlines your rights against your employer. After your lawyer has filed the complaint, the defendant has the option of responding to the allegations and outline any defenses they may have. This can be a long process, as your attorneys must conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.

What is the consequence if I don't win a settlement?

In FELA cases, injured railroad workers can recover damages for past, future, and current medical expenses, lost wages and suffering and pain. Railroad workers earn more than other blue-collar workers in other industries. This means that their FELA payouts are higher. As a result, it is not unusual to see the parties in a FELA case to settle for substantial amounts of money.

The first step in submitting an FELA lawsuit is to contact an experienced attorney. An attorney will review the circumstances surrounding your accident and determine whether you have a valid claim to damages. If you have a valid claim, your lawyer will assist you to complete the necessary paperwork and conduct thorough investigation into the accident and your the response of your employer.

Your attorney will make an action for damages to your company once the investigation has been completed. Your employer may then agree to a settlement, or pursue the trial. Trials are costly and time consuming, so the majority of FELA cases are settled prior to going to the court.

During this period the attorney and you will take medical records and other evidence to demonstrate the severity of your injuries. Your lawyer will also look for witnesses who can testify on your behalf. You may also decide to pursue legal financing, which can offer funds based on the settlement you're expecting.

Contrary to personal loans offered by credit unions and banks, pre-settlement legal financing does not require a lengthy credit check or review of your financial history. A pre-settlement financing company will review your application and offer you a quotation detailing the terms and conditions of the loan. Accepting the quote could result in you receiving a large sum of money prior to the closing of the case.

What happens If I lose my case?

Depending on how serious your injury is, you might need to undergo medical treatment for a while before a settlement is reached. While you wait for a resolution your lawyer will gather evidence, such as medical records that demonstrate the severity of your injuries and evidence from witnesses who can confirm your claim. If needed, your lawyer may help you obtain pre-settlement legal funds to cover ongoing treatment and living expenses while you await a full settlement.

Many FELA cases settle before going to trial, since both sides are often driven by the desire to avoid costly and risky court proceedings. However, appeals can cause delays at different stages of the case, and sometimes after a verdict is rendered. In these situations you are able to seek out an attorney who handles railroad injuries to get additional advice.

What happens if my case is lost?

Railroad workers who are injured typically receive a substantial amount of compensation from their employers, since they have a right to make claims for medical expenses, lost wages and pain and suffering. Railroad workers also earn more than blue-collar workers and have a much higher cost of living. This means they are entitled to a higher amount for economic damages.

It is important to realize that it could take some time to reach a settlement. This is because FELA cases often have several overlapping steps, such as litigation and discovery. If one of the parties files a appeal, it can also cause long delays.

During this time, the attorney can gather evidence such as medical records and other documents which highlight the extent of the injury. They can also seek out witnesses to testify on their behalf. If the injured worker requires financial assistance in this process, they can also pursue financing options, including a legal loan prior to settlement.

A pre-settlement legal fund company looks at the case as well as other aspects to determine how much they can provide in the form of a loan. This differs from a personal loan which requires a credit assessment and financial history. Talk to an FELA claim attorney today for more information on how to begin.