FELA Case Settlements
Contrary to claims for workers' compensation, FELA allows for non-economic damages, such as pain and suffering. Therefore, these cases typically result in a settlement that is much higher than other lawsuits for workplace injuries.
Your lawyer will assist you navigate the FELA process, which largely likes a personal injury lawsuit. The Supreme Court mandates FELA injury cases be resolved by American juries.
Trials of the FELA
FELA cases may sometimes go to trial, but it is often much cheaper to settle. An experienced attorney can assist their client in securing funds without the danger associated with a court decision. This could be a huge benefit for injured workers and their families who need the financial support to cover medical expenses, lost wages and other expenses resulting from an injury.
While the FELA claims process may seem lengthy and complex, an experienced lawyer can guide their client through each stage of the litigation. They will be familiar with the specifics of railroad work and the kinds of injuries sustained by railroad workers, including cumulative trauma. They will understand the specific safety standards for railroads and the kinds of evidence are needed to establish negligence. They will be able evaluate settlement offers from the pre-lawsuit stage to trial.
A FELA trial is usually a process that requires a lot of preparation, which could take up to an entire year before the trial is scheduled. This includes filing court documents and arranging for medical professionals to testify, as well as making witnesses. The trial itself is likely to be similar to criminal trials, like jury selection, opening statements by both sides and closing arguments. The judge will then make a ruling and, based on the outcome, there could be post-verdict motions or appeals.
Even though the majority of FELA cases are settled before trial, it is crucial that injured workers are prepared to go to trial in the event that their employer refuses to reach a settlement out of the court. Injured rail workers should discuss their situation with an attorney to ensure that they are aware of the options available to them, including filing a lawsuit.
A FELA claim is a great method for railroad workers who have been injured to get the compensation they deserve. However, it is essential for railroad workers to have a skilled FELA attorney by their side throughout the litigation process. Contact Doran & Murphy today for an appointment without obligation. They will examine your case and discuss the statute of limitations applicable to FELA injury claims in Tennessee.
Pre-Trial Negotiations
Before the trial begins the attorney and you will meet with the railroad company in order to settle any issues. This is often done through alternative dispute resolution, like mediation or negotiated settlements.
During this phase you will be compensated for past and upcoming medical bills, lost wages, pain and suffering and other damages related to your injury. If your employer was grotesquely negligent, you could also receive punitive damages to deter them from repeating the same mistake.
It is crucial to begin all the necessary preparations for your trial prior to the pre-trial conference. Failure to do this could result in penalties ranging from dismissal of your case, to being ordered by the court to pay the other party and their attorney's costs. In these instances the accident settlement loans offered by NLF can help you get some of your future payoff sooner rather than later.
Post-Trial Disputes
The trial judge can choose to settle certain disputes using alternative dispute resolution such as mediation or a settlement negotiation. If fela claims railroad employees reach an agreement that is acceptable, their FELA case may be settled without trial. This process can be time-consuming and complex, especially if parties cannot agree on the concept of comparative negligence.
Our railroad accident lawyers will help you navigate this complicated process by gathering evidence, such as medical documents and witness statements. They will also look for safety violations made by your employer. Our legal team will look into your injuries and the actions of your employer to build an argument that is strong enough for you to secure the full compensation that you deserve.
FELA cases are often settled for higher amounts than workers' compensation claims because railroad workers injured can claim non-economic damages such as suffering and pain. Furthermore, FELA claims include compensation for past and future medical expenses as well as loss of income and other benefits associated with employment.
FELA claims can take a long time to finalize which can be stressful if you are working as you wait for your case to be settled. National Law Firm's FELA lawsuit loans can ease the burden of an extremely difficult time if you have financial issues because of your injury. These loans will cover a portion of your future settlement now, so you can pay your bills and stay afloat while you wait for the outcomes of your FELA claim. To learn more, contact our legal team today. We're ready to discuss the FELA lawsuit funding requirements you may have.
Final Verdict
Taking your FELA case to trial involves several steps which include filing an official brief with the court, preparing exhibits and subpoenaing witnesses' testimony. It is also necessary to present medical professionals for their testimonies. The court proceedings will be similar to criminal trials. This includes jury selection and case presentations from both plaintiffs and defense and a final verdict. The right attorneys can help you present a strong case in order to get the maximum amount of compensation for your injuries.
Not all FELA cases will require a full-blown trial. Most of the time, judges who oversee the case will suggest that parties settle issues through alternative dispute resolutions such as mediation and negotiated settlements, or mandatory settlement conferences. This gives you and your employer an chance to settle issues before the trial starts. If this doesn't work, your lawyer will prepare you for a full-on trial.