How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements and trial awards could include compensation for medical costs, lost wages, and discomfort and pain.

Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as suffering and pain. This is the reason FELA cases typically result in substantial verdicts by juries.

How long does a FELA lawsuit take?

Numerous factors can affect the length of time required to resolve an FELA case. The length of time to settle a case is influenced by a variety of factors, including whether the case was filed in a federal employers’ Liability or state court, the amount of time between the injury and the filing of the lawsuit, and other details specific to the case. Your lawyer can estimate the time it will take for your FELA claim to be processed.

Another factor that can affect the length of time a FELA case is the speed at which you can get medical evidence that supports your injury claim. This could be a critical factor for your case because it can allow you to get the maximum amount of compensation you can get. In some cases when you fail to receive medical evidence in a timely manner your claim could be denied due to the statute of limitations.

The final factor that can affect the length of the FELA lawsuit is the speed at which your employer and you can come to a fair settlement. In some cases the lawyer you choose to work with may be in a position to settle your FELA claim without going to trial. This can be done through alternative dispute resolution methods such as mediation arbitrage, negotiated agreements or mandatory settlement conferences.

Some workers might be worried that filing a FELA claim could affect their relationship with their employer. It is important to remember that FELA does not permit federal employers to retaliate against employees who file an FELA claim. In addition, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to recover monetary damages for pain and suffering.

To start a FELA lawsuit your lawyer must draft the complaint. The complaint outlines the allegations you have against your employer. Once your attorney has filed the complaint, the defendant has the option of responding to the allegations and outline any defenses they might have. This can be a long procedure as your lawyers have to conduct thorough investigations into workplace safety practices and gather evidence to support your assertions.

What happens if I don't get a settlement?

FELA cases allow railroad workers who are injured to seek compensation for past and future medical expenses, lost wages and suffering. Railroad workers earn more than other blue-collar workers from other industries. Thus, their FELA payouts are more. As a result, it is not uncommon to see a 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 examine the details of your accident to determine whether you are eligible to claim damages. If you have a valid claim your lawyer will assist you to file the appropriate paperwork and conduct thorough investigations into the accident and your the response of your employer.

After the investigation is concluded your lawyer will submit a request for damages to your employer. Your employer can then accept a settlement or go through the process of a trial. Trials can be costly and time consuming, so the majority of FELA cases are settled before reaching court.

During this time, you and your lawyer will collect medical documents and other evidence to highlight the seriousness of your injuries. Your lawyer will also search for witnesses who are willing to testify in your behalf. You can also opt to pursue legal financing which can offer funds contingent on the settlement you're hoping to receive.

Unlike personal loans from credit unions and banks legal pre-settlement funding does not require a thorough credit check or a review of your financial history. After reviewing your application, a pre-settlement lawful funding company can give you a quotation which outlines the terms and conditions of your loan. If you accept the quote, you can receive thousands of dollars before your case closes.

What happens if I lose my case?

You may require medical treatment for a specific amount of time, depending on the severity of your injury. While you wait for a resolution, your lawyer will collect evidence, including medical records that demonstrate the severity of your injury and testimony from witnesses that can verify your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses until you receive an all-inclusive settlement.

Many FELA cases settle prior to trial, since both sides are often driven to avoid costly and risky court action. However, appeals may cause delays in the case at different stages, and even after a verdict has been returned. In these situations you are able to seek out a railroad injury attorney for additional guidance.

What happens if my case gets lost?

Injured railroad workers typically receive a substantial amount of compensation from their employers, as they have a right to file claims for medical expenses, lost wages, and suffering and pain. In addition, railroad workers earn much more than blue-collar employees and have an increased cost of living and therefore can be compensated for greater economic damages.

It's important to realize that settling a case can take a long time. This is due to the fact that FELA cases often have several different steps that are interspersed, like litigation and discovery. In addition, if one of the parties file an appeal, it could cause long delays in the case.

During this time, the attorney can gather evidence such as medical records and documents that highlight the extent of the injury. They can also seek out witnesses who will testify on their behalf. If the injured person requires additional financial support during this procedure, he or she can also pursue financing options, like a legal funding loan before settlement.

A pre-settlement legal funding company examines the case along with other factors to determine the amount they can provide in a loan. This differs from the personal loan that requires the use of a credit report and an analysis of financial background. Contact a FELA claim attorney today for more information about how to get started.