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 dangerous work environments. FELA settlements or trial awards can include compensation for medical expenses, lost wages, and suffering and pain.

Unlike workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is the reason FELA cases are often awarded with large jury verdicts.

How long will a FELA lawsuit take?

Numerous factors can affect the time it takes to process a FELA case. For example, whether the case is filed in a state or federal employers’ court, the amount of time that is required between an injury and the time the lawsuit is filed and other specific aspects of the case can impact the length of time it takes to receive a settlement. Your lawyer can provide you with an estimate of the time it will take to settle your specific FELA claim.

Another factor that may impact the length of time a FELA case will be determined by the speed at which you can get medical evidence to support your claim for injury. This is a significant aspect in your case as it can allow you to get the maximum amount of compensation that you are entitled to. In some cases in the event that you fail to get medical proof in a timely manner your claim could be barred by the statute of limitations.

The final factor that could affect the duration of a FELA case is the speed at which you and your employer come to an acceptable settlement. In some cases, your lawyer may be capable of settling your FELA claim without going to trial. This is possible through alternative dispute resolution options like mediation or negotiated settlements, arbitration or mandatory settlement conferences.

Some employees may be worried that filing a FELA complaint will negatively impact the relationship they have with their employer. It is important to know that FELA does not permit employers to retaliate against employees who submit an FELA claim. FELA claims also bypass the limitations on benefits set forth by the laws governing workers' compensation, allowing injured railroad workers to receive monetary damages for their pain and suffering.

To make a FELA lawsuit the attorney you hire must prepare a complaint. The complaint outlines the allegations you have against your employer. After your attorney has filed the complaint, the party who is responding has the opportunity to respond to the allegations and outline any defenses they might have. This can be a lengthy process since your lawyers will have to conduct thorough investigations into workplace safety practices and gather evidence to support your assertions.

What is the outcome if I don't receive a settlement offer?

In FELA cases, injured railroad workers can recover damages for past, future, and current medical costs, lost wages, suffering and pain. Since railroad workers generally earn much more than blue-collar workers working in other industries and professions, their FELA awards tend to be more substantial. This is why it is not unusual for an FELA case to settle for large amounts of money.

Contacting an experienced attorney is the first step in filing a FELA suit. An attorney will analyze the details of your accident and determine if you have a valid claim for damages. If you have a valid claim, your lawyer will assist you to file the appropriate paperwork and conduct thorough investigation into the accident and your employer's response to your claim.

Once the investigation is complete the attorney will then submit a request for damages to your employer. Your employer may then accept a settlement or proceed with the trial. Trials can be costly and time-consuming, therefore the majority of FELA cases are settled prior to going to the court.

During this time you and your lawyer will gather medical records and other evidence that highlight the seriousness of your injuries. Your lawyer will also look for witnesses who are willing to provide testimony on your behalf. You could also choose to pursue legal financing which can provide funds based on the settlement you're hoping to receive.

In contrast to personal loans from banks and credit unions, pre-settlement legal financing does not require an extensive credit check or analysis of your financial history. A pre-settlement financing company will examine your application and provide you with a quote detailing the terms and conditions of the loan. Accepting the quote could result in you receiving a large sum of money before the case is concluded.

What happens If I lose my case?

You may need to receive medical treatment for a certain amount of time, based on the severity of your injury. While you wait for a resolution your lawyer will gather evidence, such as medical records that highlight the severity of your injury and testimony from witnesses that can confirm your claim. Your lawyer might be able to help you obtain pre-settlement funds in order to pay for your ongoing treatment and living costs while you wait for a full settlement.

A lot of FELA cases are settled before trial because both sides want to avoid costly and risky court actions. However, appeals can lead to delays in the case at different stages, and sometimes after the verdict has been delivered. In these cases you can always contact an attorney who handles railroad injuries for further advice.

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 wages, and discomfort and pain. Railroad workers also earn more than blue-collar workers and have a greater cost of living. This means they are entitled to more compensation for economic damages.

It is important to understand that it may take a long some time to reach a settlement. This is because FELA cases typically involve a number of interconnected steps, including litigation and discovery. Furthermore, if one the parties files an appeal, this can result in lengthy delays in the case.

During this time, attorneys can collect evidence, such as medical records as well as documents that highlight the severity of the injury. They can also seek out witnesses to testify on their behalf. If the injured worker requires additional financial assistance during the process, they could pursue financing options such as an advance settlement legal funding loan.

A pre-settlement funding company will examine the situation, as other elements to determine what they can offer. This is different from a personal loan that requires a credit assessment and financial history. For more details on how you can start, contact a skilled FELA claim lawyer today.