How Long Do FELA Lawsuits Take to Process?

For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements or trial awards may include compensation for medical expenses, lost wages, suffering and pain.

Unlike workers' comp cases, FELA allows recovery of non-economic damage such as suffering and pain. This is the reason FELA cases usually result in significant jury verdicts.

How long does a FELA lawsuit take?

There are a variety of factors that affect the length of time it takes to settle an FELA claim. For instance whether the case is filed in federal employers’ liability act or state court, how much time passes between the time an injury occurs and when the lawsuit is filed, and other specific details of the case may influence the time it takes to receive an agreement. Your attorney 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 could determine the length of a FELA lawsuit. This could be a critical factor for your case because it can allow you to get the maximum amount of compensation possible. In some cases in the event that you fail to get medical proof promptly the claim could be barred by 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 come to an equitable settlement. In some instances both you and your lawyer might be able to settle your FELA case without having to go to court. This is possible through alternative dispute resolution techniques such as mediation or negotiated agreements, arbitration, or mandatory settlement conferences.

Some workers may be concerned that filing a FELA complaint could affect their relationship with their employer. However, it is crucial to be aware that FELA laws prohibit employers from retaliating against employees who file a claim. Additionally, FELA claims bypass the limitations on benefits imposed by the laws governing workers' compensation and allow injured railroad workers to recover monetary damages for pain and suffering.

Your attorney must draft a complaint prior to when you can make a FELA suit. The complaint outlines your rights against your employer. Once your attorney has filed the complaint, the respondent is able to respond to the allegations and provide any defenses they have. This can be a long process since your lawyers will need to conduct thorough investigations into workplace safety practices and collect evidence to support your assertions.

What happens if I don't get an agreement?

In FELA cases railroad workers injured in FELA cases are entitled to compensation for past, future and current medical costs, lost wages, the pain and suffering. Since railroad workers typically earn significantly more than blue-collar workers working in other industries, their FELA payouts tend to be more substantial. It is not uncommon for FELA cases to settle for large amounts of money.

Contacting an experienced attorney is the first step towards filing a FELA suit. An attorney will review the details of your accident and determine whether you have a valid claim to damages. If you have a valid claim, your lawyer will assist you file the appropriate paperwork and conduct thorough investigations into your accident and the response of your employer to your claim.

Your attorney will file an offer of damages to your company after the investigation has been completed. Your employer can then agree to a settlement, or go through the process of a trial. Trials can be expensive and lengthy, which is why most FELA cases settle before they get to the courtroom.

During this time the attorney and you will collect medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses who are willing to testify in your behalf. In addition, you can opt to pursue legal funding that can provide you with money according to the estimated settlement.

Legal Funding Presettlement does not require a credit check or a review of your financial history. After review of your application, a pre-settlement legal funding company will provide you with a quote that outlines the terms and conditions of your loan. If you agree to the quote you could be able to receive thousands of dollars before your case has closed.

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

You could require medical treatment for a period of time, based on the extent of your injury. While you wait for a resolution your lawyer will collect evidence, such as medical records that show the severity of your injuries and evidence from witnesses who can verify your claim. If necessary, your lawyer may help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you await an all-inclusive settlement.

A lot of FELA cases settle prior to trial, since both sides are usually driven by the desire to avoid costly and risky court action. However, appeals may cause delays in the case at different stages, and even after the verdict has been delivered. You can always contact a railroad injury lawyer for more details in these cases.

What happens if my case is lost?

Injured railroad employees receive a substantial settlement from their employer, since they have the right to claim medical expenses, lost wages, and discomfort and pain. In addition, railroad workers earn much more than blue-collar workers and have higher costs of living, which means they can be compensated for more substantial economic damages.

It is important to understand that settling a case can take a long time. This is because FELA cases often have several overlapping steps, such as litigation and discovery. If one of the parties files an appeal, it can also create long delays.

During this period the attorney will be able to collect evidence, such as medical records or documents which highlight the severity of injury. They can also look for witnesses to provide testimony on their behalf. Additionally, if the injured worker needs additional financial help during this process, they may pursue financing options such as a pre-settlement legal funding loan.

A pre-settlement financing company will review the situation, as other aspects, to determine what they can offer. This is different from personal loans which requires a credit check and review of financial history. For more details on how you can get started, speak with a skilled FELA claim lawyer today.