How Long Do FELA Lawsuits Take to Process?
FELA lawsuits are a common occurrence for more than a hundred years, have kept railroad workers secure in some of the most hazardous workplaces. FELA settlements and trial awards may include compensation for medical costs, lost wages, and discomfort and pain.
Contrary to cases involving workers' compensation, FELA allows for 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 case take?
Numerous factors can affect the length of time required to settle a FELA case. The time required to reach a settlement is influenced by a variety of factors, including whether the case was filed in a federal court or a state court, the length of time between the date of injury and filing of the lawsuit and other specifics to the particular case. Your lawyer can provide you with an estimate of how long it will take to complete your particular FELA claim.
The speed at which you can collect medical evidence to support your injury claim may also impact the duration of a FELA lawsuit. This can be a crucial aspect in your case as it can allow you to get the most compensation possible. In certain situations, if you do not get medical proof in a timely manner the claim could be denied due to a statute of limitations.
The last element that can affect the length of the FELA lawsuit is the speed at which your employer and you reach a fair agreement. In certain situations, your lawyer may be in a position to settle your FELA claim without having to go to trial. This can be accomplished by using alternative dispute resolution methods such as mediation or negotiated agreements, arbitration or mandatory settlement conferences.
Some workers may fear that filing a FELA claim could affect their relationship with their employer. However, it is crucial to be aware that FELA laws prohibit employers from punishing employees who make claims. FELA claims also evade limitations on benefits provided by the laws governing workers' compensation which allows railroad workers injured to receive financial compensation for their pain and suffering.
To make a FELA lawsuit, your attorney must prepare a complaint. This document details your rights against your employer. After your attorney submits the complaint, the respondent is given the opportunity to respond and explain any defenses. This could be a lengthy procedure, as your attorney will have to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.
What happens if I don't receive a settlement proposal?
FELA cases allow railroad workers who are injured to seek compensation for past and future medical expenses, lost wages and suffering. Since railroad workers generally earn much more than blue-collar workers in other industries so their FELA awards tend to be more substantial. This is why it is not uncommon for the parties in a FELA case to settle for large amounts of money.
The first step in submitting a FELA lawsuit is to reach out to an experienced attorney. 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 assist you in filing the necessary documents and conducting thorough investigations into the incident and employer's response to your claim.
After the investigation has been completed, your attorney will send a claim for damages to your employer. Your employer may then decide to settle the case, or proceed with an investigation. Trials are expensive and time-consuming, therefore the majority of FELA cases are settled prior to going to court.
During this period the attorney and you will take medical records as well as other evidence to show the severity of your injuries. Your lawyer will also search for witnesses that can testify on your behalf. In addition, you can opt to pursue legal funding which could offer you funds in accordance with the settlement you are planning to receive.
In fela railroad settlements to personal loans from credit unions and banks, pre-settlement legal funding does not require a thorough credit check or a review of your financial history. After review of your application, a legal funding company can give you a quotation that outlines the conditions and terms of your loan. The decision to accept the quote could result in you receiving thousands of dollars before the case is closed.
What happens when I lose my case?
Depending on how serious your injury is, you may need to undergo medical treatment for some time before you are able to settle. Your lawyer will gather evidence while you wait for a settlement, including medical records that demonstrate the severity of your injuries and testimony from witnesses to validate your claim. Your lawyer might be able to assist you get pre-settlement funding to cover your ongoing treatment and living costs while you wait for a final settlement.
Many FELA cases are settled before trial due to the fact that both sides want to avoid costly and risky court proceedings. However, appeals can lead to delays at various points in the case, and sometimes after a verdict is rendered. In these instances you can always contact an attorney representing railroad accidents to get additional advice.
What happens If I lose my case?
Railroad workers who are injured typically receive an extensive settlement from their employers, because they are entitled to make claims for medical expenses, lost wages and pain and suffering. Railroad workers also earn more than blue-collar employees and have a much higher cost of living. This means that they are entitled to a higher amount for economic damages.
It is important to realize that it can take time to obtain a settlement. This is due to the fact that FELA lawsuits often involve several different steps, including discovery and litigation. In addition, if one of the parties files an appeal, it could create long delays in the case.
During this period, the attorney may gather evidence, including medical records and documents that show the severity of the injury. They can also look for witnesses to provide testimony on their behalf. If the injured worker needs additional financial help during this process, they may explore financing options, such as a pre-settlement legal funding loan.
A pre-settlement legal funding company analyzes the case and other factors to determine how much they can provide in the form of a loan. This differs from the personal loan, which requires a credit check and review of financial history. Contact an FELA claim attorney today to learn more about how to start.