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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 safe in some of the most hazardous workplaces. FELA settlements and trial awards can include compensation for medical expenses as well as lost wages and discomfort and pain.
Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages like pain and suffering. This is the reason FELA cases typically result in large jury verdicts.
How long does a FELA case take?
There are a myriad of factors that affect the length of time it takes to settle the FELA claim. The length of time to settle a case will depend on a variety of factors depending on whether the case was filed in a federal court or a state court, the length of time between the time of injury and the filing of the lawsuit, and other specifics to the particular case. Your attorney can provide an estimate of how long it will take to process your particular FELA claim.
The speed at which you can gather medical evidence to back your injury claim may also affect the length of a FELA lawsuit. This could be a critical factor for your case because it will allow you to receive the highest amount of compensation possible. In some cases your claim may be denied if you fail to receive medical evidence within a certain time frame.
The last element that can influence the length of the FELA lawsuit is how quickly your employer and you can reach a fair deal. In certain situations, your lawyer may be able to settle your FELA claim without having to go to trial. This is possible through alternative dispute resolution techniques like mediation, negotiated agreements, arbitration, or mandatory settlement conferences.
Some workers may be concerned that filing a FELA complaint will negatively impact the relationship they have with their employer. It is important to know that FELA prevents employers from retaliating against employees who make an FELA claim. FELA claims also bypass limitations on benefits imposed by the laws governing workers' compensation, allowing injured railroad workers to receive compensation for their suffering and pain.
To start a FELA lawsuit, your attorney must prepare a complaint. This document details your rights against your employer. After your attorney submits the complaint, the employer is given the opportunity to respond and explain any defenses. This can be a lengthy process, since your lawyers will need to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim.
What is the outcome if I don't receive a settlement?
In FELA cases, injured railroad workers can seek compensation for past, future, and current medical expenses, lost wages, and suffering and pain. Because railroad workers generally earn more than blue-collar workers in other industries and professions, their FELA awards tend to be more substantial. As a result, it is not uncommon for an FELA case to settle for large amounts of money.
The first step in filing an FELA lawsuit is to reach out to an experienced attorney. An attorney will go over the details of your accident to determine whether you are eligible to file a claim for damages. If you have a valid claim your lawyer will assist you in completing the required documents and conducting thorough investigations into the accident and employer's reaction to your claim.
After the investigation has been completed the attorney will then send a claim for damages to your employer. Your employer will then either agree to a settlement or go through the process of a trial. Trials can be costly and time-consuming, therefore the majority of FELA cases are settled before reaching court.
During this time the attorney and you will collect medical records, as well as other evidence to demonstrate the severity of your injury. Your lawyer will also look for witnesses who are willing to testify on your behalf. You could also choose to pursue legal financing which can provide funds based on the settlement you're hoping to receive.
Contrary to personal loans offered by banks and credit unions, pre-settlement legal funding does not require a lengthy credit check or analysis of your financial history. A pre-settlement funder will examine your application and give you a quote detailing the terms and conditions of the loan. If you accept the offer you could be able to receive thousands of dollars before your case has closed.
What happens when I lose my case?
Depending on how severe your injury is, you may need to undergo medical treatment for some time before you are able to settle. While you wait 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 that can confirm your claim. Your lawyer might be able to assist you get pre-settlement funding to pay for your ongoing medical treatment and living expenses while you wait for a complete settlement.
A lot of FELA cases are settled prior to trial because both sides want to avoid costly and risky court actions. However, appeals may cause delays in the case at different stages, and even after the verdict has been handed down. In these cases you are able to reach out to a railroad injury attorney for further advice.
What happens if I lose my case?
Railroad employees who have been injured receive a large settlement from their employer, since they are entitled to claim for medical expenses, lost wage and discomfort and pain. In addition, railroad workers earn much more than blue-collar workers and have higher costs of living which means they are able to be compensated for more significant economic losses.
It is important to recognize that it could take time to settle. This is because FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. If one of the parties files an appeal, it can also result in long delays.
During this period, the attorney can collect evidence, such as medical records and other documents which highlight the severity of the injury. They can also search for witnesses to be witnesses on their behalf. If fela law firm who was injured requires additional financial support during this process, they could also look into financing options, like a legal funding loan before settlement.
A legal funding company that is pre-settlement examines the case as well as other factors to determine the amount they can offer in the form of a loan. This is unlike a personal loan which requires an examination of credit and a review of financial background. Talk to a FELA claim attorney today for more information on how to begin.
