How Long Do FELA Lawsuits Take to Process?

FELA lawsuits that have been in existence for more than 100 years, have kept railroad workers safe at some of the most hazardous workplaces. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and suffering and pain.

In contrast to workers' compensation cases, FELA allows recovery of non-economic damages like pain and suffering. This is why FELA cases are often awarded with large jury verdicts.

How long will a FELA lawsuit take?

There are many variables that determine how long it takes to settle a FELA claim. The time it takes to settle a claim is influenced by a variety of factors such as whether the case was filed in Federal Employers’ court or state court, the length of time that passed between the time of injury and the filing of the lawsuit and other details specific to the case. Your attorney can provide an estimate of how long it will take to process your specific FELA claim.

The speed at which you can gather medical evidence to support your claim for injury could affect the length of a FELA lawsuit. This could be an important element in your case since it will allow you to receive the maximum amount of compensation. In certain cases, if you do not get medical proof promptly your claim could be barred by the statute of limitations.

The last factor that can affect the length of a FELA case is the speed at which you and your employer reach a fair settlement. In some instances the lawyer you choose to work with may be able to settle your FELA claim without having to go to trial. This is possible by using alternative dispute resolution methods such as mediation arbitrage, negotiated agreements, or mandatory settlement conferences.

Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. But, it is important to know that FELA laws prohibit employers from retaliating against employees who file a claim. FELA claims also evade limitations on benefits imposed by workers' compensation laws which allow railroad workers who are injured to receive compensation for their pain and suffering.

To file a FELA lawsuit, your attorney must prepare a complaint. The complaint outlines your rights against your employer. After your lawyer has filed the complaint, the party who is responding has the opportunity to respond to the allegations and outline any defenses they have. This can be a long process as your attorneys need to conduct thorough investigations into workplace safety practices and collect evidence to support your assertions.

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

In FELA cases, injured railroad workers are entitled to compensation for past, future and current medical costs, lost wages, suffering and pain. Railroad workers earn more than blue-collar employees in other industries. Therefore, their FELA payouts are more. As a result, it is not unusual for an FELA case to settle for large amounts of money.

An experienced attorney should be the first step to filing a FELA suit. An attorney will examine the details of your accident to determine if you are able to make a claim for damages. If you have a valid claim, your lawyer will help you file the appropriate documents and conduct thorough investigations into your accident and employer's response to your claim.

After the investigation is concluded, your attorney will send a claim for damages to your employer. Your employer will then either agree to a settlement or proceed to an appeal. Trials can be costly and time consuming, so the majority of FELA cases are settled prior to going to court.

During this time, you and your attorney will collect medical records and other evidence to demonstrate the severity of your injury. Your lawyer will also look for witnesses who are willing to testify in your behalf. You could also choose to pursue legal financing which will provide funds contingent on the settlement you expect.

Contrary to personal loans offered by credit unions and banks, pre-settlement legal financing does not require an extensive credit check or review of your financial history. A pre-settlement funding company will review your application and offer you a quotation highlighting the terms and conditions of the 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 could require medical treatment for a period of time, based on the severity of your injury. Your lawyer will gather evidence while you wait for a settlement including medical records that show the severity of your injuries and testimony from witnesses to support your claim. If needed your lawyer can assist you get pre-settlement legal aid to pay for ongoing medical treatment and living expenses while you wait for an all-inclusive settlement.

A lot of FELA cases settle prior to trial, since both sides are often driven by the desire to avoid costly and risky court proceedings. However, appeals can lead to delays in the case at different stages, and even after the verdict has been handed down. You can always reach out to a railroad injury lawyer for more details in these instances.

What happens if my case is lost?

Railroad workers who are injured typically receive a substantial settlement from their employers, as they have a right to claim compensation for medical expenses, lost wages and suffering. Railroad workers also have higher earnings than blue-collar workers and have a greater cost of living. This means they are entitled to a higher amount for economic losses.

However, it's important to recognize that it may take a long some time to reach a settlement. This is due to the fact that FELA cases usually involve multiple different steps that are interspersed, like litigation and discovery. If one of the parties files a appeal, it can also create long delays.

During this time, attorneys can collect evidence, such as medical records and other documents that show the extent of the injury. They can also look for witnesses to be witnesses on their behalf. If the person who was injured requires additional financial support during this process, they could also look into financing options, such as a legal loan prior to settlement.

A pre-settlement legal fund company looks at the case as well as other factors to determine the amount they can offer in a loan. This differs from the personal loan which requires an examination of credit and a review of financial background. Speak to a FELA claim attorney today to learn more about how to start.