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 workplaces. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, pain and suffering.

In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases typically result in substantial verdicts by juries.

How long does a FELA lawsuit 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 federal or state court, how long is required between an injury and when the lawsuit is filed, and other specifics of the case can affect the length of time required to reach a settlement. Your lawyer can estimate the amount of time it will take to process your FELA claim to be processed.

The speed at which you gather medical evidence to support your injury claim may also impact the duration of a FELA lawsuit. This could be an important element in your case since it will allow you to receive the maximum amount of amount of compensation. In certain cases when you fail to obtain medical evidence in a timely manner the claim could be denied due to a statute of limitations.

The final factor that could determine the length of the FELA case is the speed at which you and your employer are able to reach an acceptable settlement. In certain situations the lawyer you choose to work with may be in a position to settle your FELA claim without having to go to trial. This can be accomplished 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 be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit claims. FELA claims also bypass limitations on benefits imposed by workers' compensation laws which allow railroad workers who are injured to receive financial compensation for their pain and suffering.

Your attorney must draft a complaint prior to when you can start a FELA suit. The complaint outlines the allegations you have against your employer. After your attorney has filed the complaint, the respondent has the option of responding to the allegations and provide any defenses they have. This could be a lengthy procedure as your lawyers must conduct thorough investigations into workplace safety practices and collect proof in support of your assertions.

What is the consequence if I don't win an agreement?

In FELA cases railroad workers who are injured can recover damages for past, future, and current medical costs, lost wages, the pain and suffering. Since railroad workers generally earn much higher than blue-collar employees in other industries and professions, their FELA payouts tend to be higher. As a result, it is not uncommon for a FELA case to settle for substantial amounts of money.

The first step in submitting a FELA lawsuit is to reach out to an experienced attorney. An attorney will examine the details of your accident to determine if you can claim damages. If you have a valid case the lawyer will assist you in filing the necessary paperwork and conducting thorough investigation into the accident injury lawyers and your employer's response to your claim.

After the investigation has been completed the attorney will then make a claim for damages to your employer. Your employer will then be able to accept a settlement or proceed with an investigation. Trials can be costly and lengthy, Accident Injury Lawyers which is why most FELA cases end up being settled before they reach the courtroom.

During this time you and your lawyer will take medical records and other evidence that will demonstrate the severity of your injuries. Your lawyer will also search for witnesses who are willing to testify in your behalf. In addition, you may opt to pursue legal funding, which can provide you with funds based on your projected settlement.

Unlike personal loans from credit unions and banks pre-settlement legal funding does not require a thorough credit check or analysis of your financial history. A pre-settlement funder will review your application and give you a quote highlighting the terms and conditions of the loan. If you agree to the quote you could 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 wait for a resolution, your lawyer will gather evidence, such as medical records that highlight the severity of your injury and testimony from witnesses who can validate your claim. Your lawyer may be able to assist you obtain pre-settlement funds in order to pay for your ongoing treatment and living expenses while you wait for a full settlement.

A lot of FELA cases are settled prior to trial because both sides want to avoid costly and risky court proceedings. However, appeals can result in delays at various points in the case, and often after a verdict is rendered. In these situations, you can always contact an attorney who handles railroad injuries for further advice.

What happens if my case gets lost?

Railroad employees who have been injured receive a large settlement from their employers, since they are entitled to claim for medical expenses, lost wage as well as discomfort and pain. In addition, railroad employees earn much more than blue-collar employees and have higher costs of living and therefore can be compensated for more substantial economic damages.

However, it's important to understand that it could take time to obtain a settlement. This is because FELA cases usually involve multiple interconnected steps, including litigation and discovery. In addition, Accident Injury Lawyers if one of the parties file an appeal, it can create lengthy delays in the case.

During this time the attorney will be able to collect evidence like medical records and documents which highlight the severity of the injury. They can also look for witnesses who will testify in their behalf. If the injured worker requires additional financial support during this procedure, he or she may also seek financing options, including a legal loan prior to settlement.

A pre-settlement legal fund company examines the case and other aspects to determine how much they can provide in the form of a loan. This differs from a personal loan which requires a credit review and financial history. Talk to a FELA claim attorney today for more details about how to get started.