How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most hazardous workplaces. FELA settlements or trial awards can include reimbursement for medical expenses, lost wages, and pain and suffering.

Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases are often rewarded with substantial jury verdicts.

How long will a FELA lawsuit take?

Numerous factors can affect the length of time required to process an FELA case. For example, whether the case is filed in a federal employers’ or state court, how much time is between the time an injury occurs and when the lawsuit is filed, and other specific details of the case could influence the time it takes to receive an agreement. Your attorney can give you an estimate of the time it will take to settle your specific FELA claim.

Another aspect that could affect the length of time the duration of a FELA case is the speed at which you can get medical evidence that supports your injury claim. This could be a critical element in your case since it can help you receive the most compensation that you are entitled to. In some cases claims, you could be barred if you don't get medical proof within a certain time frame.

The final aspect that can affect the length of a FELA case is the speed at which you and your employer are able to negotiate a fair settlement. In some instances, you and your lawyer could be able to settle your FELA case without having to go to court. This is possible through alternative dispute resolution options like mediation and negotiated settlements. Arbitration or mandatory settlement conferences.

Some workers might be worried about whether filing a FELA complaint will negatively impact their relationship with their employer. It is important to note that FELA does not permit employers to retaliate towards employees who make an FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering.

To start a FELA lawsuit, your attorney must prepare the complaint. This document outlines the claims you have against your employer. After your attorney submits the complaint, the company is given the opportunity to respond and explain any defenses. This can be a lengthy process, as your attorneys must conduct thorough investigations of workplace safety practices and gather evidence in support of your claim.

What happens if I don't get a settlement?

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. Because railroad workers generally earn more than blue-collar workers in other industries, their FELA awards are typically more substantial. This is why it is not uncommon for the parties in a FELA case to settle for substantial amounts of money.

An experienced attorney should be the first step in filing an FELA suit. An attorney will review the details of your accident to determine if you can make a claim for damages. If you have a valid case your lawyer will assist you in filing the necessary documents and conducting thorough investigations into the accident and your employer's response to your claim.

After the investigation is concluded the attorney will then submit a request for damages to your employer. Your employer will either agree to a settlement or go through the process of a trial. Trials can be costly and time-consuming, which is why the majority of FELA cases are settled before reaching the court.

During this time you and your attorney will take medical records as well as other evidence to demonstrate the severity of your injuries. Your lawyer will also search for witnesses who can be witnesses on your behalf. You may also decide to pursue legal financing, which can offer funds in accordance with the settlement you're hoping to receive.

In contrast to personal loans from credit unions and banks, pre-settlement legal financing does not require a thorough credit check or analysis of your financial history. A pre-settlement financing company will review your request and provide you with a quote highlighting the terms and conditions of the loan. If you accept the offer you could receive thousands of dollars before your case closes.

What is the outcome if I don't win my case?

You may require medical treatment for a certain amount of time, depending on the severity of your injury. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that demonstrate the severity of your injury and evidence from witnesses who can validate your claim. Your lawyer may be able to help you receive pre-settlement financing in order to pay for your ongoing treatment and living costs while you wait for a full settlement.

A lot of FELA cases settle before going to trial, because both sides are often driven by the desire to avoid costly and risky court action. However, appeals can cause delays at different points in the case, and sometimes even after a decision is made. In these instances you can always reach out to an attorney representing railroad accidents for additional guidance.

What happens if my case gets lost?

Injured railroad employees receive a substantial settlement from their employer, since they are entitled to claim for medical expenses, lost wage, and discomfort and pain. Additionally, railroad workers earn much more than blue-collar employees and have a higher cost of living and therefore can be compensated for more substantial economic damages.

It's important to realize that settling a case can take a long time. This is because FELA lawsuits usually involve multiple overlapping steps such as discovery and litigation. If one of the parties files an appeal, it can also cause lengthy delays.

During this time, the attorney can gather evidence such as medical records and other documents which highlight the severity of the injury. They can also seek out witnesses who can testify on their behalf. If the injured worker requires additional financial assistance during this procedure, he or she could also look into financing options, like a legal financing loan prior to settlement.

A pre-settlement funder will review the case, as well other elements to determine what they could provide. This differs from the personal loan, which requires an examination of credit and a review of financial history. Speak to an FELA claim attorney today to learn more about how to get started.