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How Long Do FELA Lawsuits Take to Process?
FELA lawsuits that have been in existence for more than a hundred years, have contributed to keeping railroad workers secure in some of the most hazardous places of work. FELA settlements or trial awards may include the payment of medical expenses, lost wages, and pain and suffering.
Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases are often recognized with significant jury verdicts.
How long will a FELA lawsuit take?
There are many variables that determine how long it takes to resolve an FELA claim. The time it takes to settle a claim will depend on a variety of factors, including whether the case was filed in a federal employers’ liability act court or a state court, the length of time between the time of injury and the filing of the lawsuit, and other details specific to the particular case. Your attorney can provide an estimate of how long it will take to process your particular FELA claim.
Another factor that may impact the time frame the duration of a FELA case will be determined by the speed in which you can gather medical evidence that supports your claim for injury. This can be a crucial aspect in your case as it can allow you to get the most compensation that you are entitled to. In certain cases when you fail to receive medical evidence in a timely manner, your claim may be barred by the statute of limitations.
The final factor that could influence the length of a FELA case is the speed at which you and your employer can come to an equitable settlement. In some instances the lawyer you choose to work with may be in a position to settle your FELA claim without having to go to trial. This is possible through alternative dispute resolution methods such as mediation, negotiated agreements, arbitration, or mandatory settlement conferences.
Some employees may be concerned that filing a FELA claim will negatively impact their relationship with their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit an FELA claim. Additionally, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and permit railroad workers injured by injuries to claim monetary compensation for pain and suffering.
Your attorney must draft a complaint prior to when you can make a FELA suit. The complaint outlines the allegations you have against your employer. Once your lawyer has filed the complaint, the respondent has the opportunity to respond to the allegations and provide 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 receive a settlement offer?
FELA cases allow railroad workers who are injured to seek compensation for future and past medical expenses, lost wages, and suffering and pain. Railroad workers earn more than blue-collar workers from other industries. Therefore, their FELA payouts are more. This is why it is not uncommon for the parties in a FELA case to settle for large amounts of money.
The first step to file the FELA lawsuit is to reach out to an experienced attorney. An attorney will evaluate the details of your accident and determine whether you have a valid claim to damages. If you have a valid case, your lawyer will assist you in completing the necessary paperwork and conducting thorough investigation into the accident and your employer's reaction to your claim.
After the investigation has been completed your lawyer will submit a request for damages to your employer. Your employer may then decide to settle the case, or go ahead with a trial. Trials can be costly and time-consuming, which is why the majority of FELA cases end up being settled before they reach court.
During this time you and your attorney will collect medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses that can be able to testify on your behalf. Additionally, you could opt to pursue legal funding which could provide you with money based on your projected settlement.
Legal Funding for Pre-settlement does not require a credit check or review of your financial history. A pre-settlement financing company will review your request and offer you a quotation highlighting the terms and conditions of the loan. If you accept the quote, it could result in you receiving a large sum of money prior to the closing of the case.
What happens if I lose my case?
Depending on the severity of your injury is, you may need to undergo medical treatment for a time before you can settle. While you are waiting for a resolution, your lawyer will collect evidence, such as medical records that highlight the extent of your injury as well as testimony from witnesses who can verify your claim. Your lawyer might be able to assist you receive pre-settlement financing to pay for your ongoing treatment and living costs while you wait for a full settlement.
A lot of FELA cases settle prior to trial, as both sides are usually driven by the desire to avoid costly and risky court action. However, appeals may cause delays in the case at various stages, and sometimes even after the verdict has been handed down. You can always contact an attorney who handles railroad accidents for more information in these instances.
What happens if my case gets lost?
Railroad workers who are injured typically receive a substantial amount of compensation from their employers, since they are entitled to make claims 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 that they can be compensated more for economic damages.
It's important to realize that a settlement can take some time. This is because FELA cases often have several different steps that are interspersed, like litigation and discovery. If one of the parties files a appeal, it could create long delays.
During this period, the attorney may gather evidence, including medical records as well as documents that show the severity of the injury. They can also look for witnesses who will testify in their behalf. Additionally, if the injured worker requires additional financial help during this process, they can pursue financing options such as the pre-settlement legal financing loan.
A pre-settlement funder will look at the case, as well other aspects to determine what they could offer. This is different from a personal loan which requires a credit review and financial history. Speak to a FELA claim attorney today for more details on how to begin.