How Long Do FELA Lawsuits Take to Process?

FELA lawsuits are a common occurrence for more than a hundred years, have kept railroad workers safe at some of the most hazardous places of work. FELA settlements or trial awards can include the payment of medical expenses, lost wages, pain and suffering.

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

How long does a FELA case take?

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

Another factor that may impact the length of time a FELA case takes is the speed at which you can get medical evidence to support your claim for injury. This is a significant element in your case since it can allow you to get the most compensation you can get. In certain cases, your claim could be denied if you fail to get medical proof within a certain time frame.

The last factor that could affect the length of the FELA lawsuit is the speed at which your employer and you can reach a fair agreement. In some cases, you and your lawyer might be able to settle your FELA case without going to court. This can be achieved through alternative dispute resolution options such as mediation or negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may be concerned about whether filing a FELA complaint could affect their relationship to their employer. But, it is important to know that FELA laws prohibit employers from retaliating against employees who submit an FELA claim. Additionally, FELA claims bypass the limits on benefits provided by the laws governing workers' compensation and allow railroad workers who are injured to recover monetary damages for pain and suffering.

Your attorney must draft a complaint before you can file a FELA suit. This document details your rights against your employer. Once your attorney has filed the complaint, the defendant has the option of responding to the claims and outline any defenses they might have. This can be a lengthy process, since your lawyers will have to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What happens if I don't get a settlement?

In FELA cases railroad workers injured in FELA cases can seek compensation for past, future, and current medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly more than blue-collar workers working in other industries, their FELA awards are typically more substantial. Therefore, it is not uncommon for a FELA case to settle for large amounts of money.

A professional attorney is the first step in filing an FELA suit. An attorney will review the details of your accident to determine whether you are eligible to make a claim for damages. If you have a valid case your lawyer will assist you in filing the necessary documents and conducting thorough investigations into the accident and employer's reaction to your claim.

After the investigation has been completed your lawyer will make a claim for damages to your employer. Your employer will then be able to accept a settlement or pursue a trial. Trials can be costly and time consuming, so most FELA cases are settled before reaching court.

During this time the attorney and you will gather medical records as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses who can provide testimony on your behalf. Additionally, you could decide to pursue legal funding that can offer you funds based on your projected settlement.

Contrary to personal loans offered by credit unions and banks, pre-settlement legal funding does not require a thorough credit check or a review of your financial history. After looking over your application, a pre-settlement legal funding company can provide you with a quote that outlines the conditions and terms of your loan. If you accept the offer, you can receive thousands of dollars before the case is closed.

What happens if I don't succeed in my case?

You may need to receive medical treatment for a period of time, depending on the severity of your injury. While you are waiting for a resolution, your lawyer will collect evidence, such as medical records that demonstrate the extent of your injury as well as testimony from witnesses that can validate your claim. If necessary, your lawyer may help you obtain pre-settlement legal funding to pay for ongoing treatment and living expenses until you receive a full settlement.

Many FELA cases are settled before trial because both sides wish to avoid costly and risky court actions. However, appeals can lead to delays at various points in the case, and sometimes after a verdict is rendered. It is always possible to contact an attorney for railroad injuries to get more information about these instances.

What happens when I lose my case?

Injured railroad employees receive a large settlement from their employer, as they have the right to claim medical expenses, lost wage, and pain and discomfort. Railroad workers also earn more than blue-collar workers and have a higher cost of living. This means they can be compensated more for economic damages.

It's important to recognize that a settlement may take some time. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. Additionally, if one of the parties files an appeal, it can cause long delays in the case.

During this period, the attorney can gather evidence such as medical records and documents that demonstrate the severity of the injury. They can also look for witnesses who can testify on their behalf. If the injured worker requires additional financial assistance during this process, they can explore financing options, such as a pre-settlement legal funding loan.

A pre-settlement legal funding company examines the case and other factors to determine how much they can provide in the form of a loan. This is different from a personal loan that requires a credit check and financial history. Contact an FELA claim attorney today for more information about how to start.