How Long Do FELA Lawsuits Take to Process?

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

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

How long will a FELA case take?

There are a variety of variables that determine how long it takes to settle the FELA claim. For instance, whether the case is filed in a state or federal court, how long is between an injury and when the lawsuit is filed, and other specifics of the case may affect the length of time required to reach an agreement. Your lawyer can estimate the time it will take to process your FELA claim to be processed.

The speed at which you can gather medical evidence to support your injury claim may also determine the length of the FELA lawsuit. This is a significant factor for your case because it will allow you to receive the highest amount of compensation you can get. In certain cases, if you do not get medical proof in a timely manner, your claim may be barred by a statute of limitations.

The last factor that could affect the duration of the FELA lawsuit is how quickly your employer and you come to a fair settlement. In some cases, your lawyer may be in a position to settle your FELA claim without going to trial. This can be achieved through alternative dispute resolution options like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may be concerned about whether filing a FELA complaint could affect their relationship with their employer. It is important to remember that FELA prevents employers from retaliating against employees who file an FELA claim. In addition, FELA claims bypass the limits on benefits set by workers' compensation laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering.

Your attorney must draft a complaint before you can file a FELA suit. This document outlines the claims you have against your employer. After your lawyer submits the complaint, the employer will be given the chance to respond and outline any defenses. This can be a lengthy procedure, as your attorney will have to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What happens if I do not receive a settlement offer?

In FELA cases railroad workers who are injured can seek compensation for past, future and current medical costs, lost wages, suffering and pain. Since railroad workers generally earn more than blue-collar workers working in other industries, their FELA awards tend to be higher. It is not unusual for FELA cases to settle for large sums of money.

Contacting an experienced attorney is the first step to filing a FELA suit. An attorney will review the details of your accident to determine if you are able to file a claim for damages. If you have a valid case, your lawyer will assist you in completing the required paperwork and conducting thorough investigation into the accident and employer's reaction to your claim.

Your lawyer will then file an offer of damages to your company once the investigation has been completed. Your employer may then agree to a settlement, or proceed with an investigation. Trials can be costly and time consuming, so most FELA cases are settled prior to going to the court.

During this time you and your lawyer will collect medical documents and other evidence to will demonstrate the extent of your injuries. Your lawyer will also search for witnesses that can testify on your behalf. In addition, you may decide to pursue legal financing, which can provide you with money in accordance with the settlement you are planning to receive.

Contrary to personal loans offered by credit unions and banks, legal pre-settlement funding does not require an extensive credit check or review of your financial history. After looking over your application, a legal funding company can give you a quotation that highlights the conditions and terms of your loan. Accepting the quote could result in you receiving thousands of dollars prior to the closing of the case.

What happens if I lose my case?

You could require medical treatment for a specific amount of time, based on the degree of your injury. 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 validate your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing treatment and living expenses until you receive the final settlement.

A lot of FELA cases settle prior to trial, because both sides are usually motivated to avoid expensive and risky court proceedings. However, appeals can cause delays at various points in the case, and often after a verdict is rendered. In these cases you can always reach out to an attorney representing railroad accidents for further advice.

What happens if I lose my case?

Railroad employees who are injured receive a substantial amount from their employer, as they are entitled to claim for medical expenses, lost wages and discomfort and pain. Railroad workers also earn more than blue-collar workers and have a much higher cost of living. This means they are entitled to more compensation for economic losses.

It's important to realize that a settlement may take some time. This is because FELA cases usually involve multiple different steps that are interspersed, like litigation and discovery. Additionally, if one of the parties files an appeal, it can cause long delays in the case.

During this period the attorney will be able to gather evidence such as medical records and documents which highlight the severity of an injury. They can also seek out witnesses who can testify on their behalf. If the injured worker requires additional financial support during this process, he or she could also look into financing options, including a legal loan prior to settlement.

A pre-settlement funder will review the situation, as other elements to determine what they can offer. This differs from a personal loan, which requires a credit review and financial history. Contact a FELA claim attorney today for more information on how to begin.