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FELA Case Settlements FELA cases may take months or even years to settle It is important to choose a lawyer with experience in FELA cases and who is familiar with the law Rail workers injured in accidents are entitled to substantial economic damages They also have the right to seek noneconomic damages such as pain and suffering The legal process consists of the investigation filing of briefs depositions and trial procedures similar to other lawsuits Damages FELA cases usually result in large payouts These payouts are meant to compensate the victim for expenses including the costs of medical treatment and future treatments as well as lost wages due to absence from work loss of earning capacity due to the nature and severity of the injury and discomfort and pain The amount of damages is typically more than what could be recovered in workers compensation claims In contrast to workers compensation FELA lawsuits do not limit damages that are not economic as they do in personal injury lawsuits To be successful in a FELA claim the railroad worker who has been injured must show that their injuries were caused in the whole or in part by the negligence of their employer This can be difficult but it is feasible to prove negligence using evidence that is collected and analyzed by a skilled FELA attorney Once the investigation into a FELA case is concluded An attorney can determine the amount of compensation that is owed to their client This is typically based on the severity of the injuries and the magnitude of the loss suffered by the victim There are also other factors which can affect the value of an FELA claim like future earnings loss and quality of life It is therefore essential to consult a FELA attorney at the beginning of the process In this way an injured worker can be sure that their legal rights are protected throughout the litigation and that they receive a settlement that covers all the losses It will take time for the FELA case to reach a conclusion The railroad company may want to contest liability and choose to go to court however most FELA cases settle before that happens This is because going to court is costly and risky for both parties A FELA lawyer with experience will strive to settle an FELA claim quickly and efficiently This is a standard practice that can significantly reduce the amount of time a FELA case will spend in litigation The amount of the settlement will depend on the severity of a railroad workers injuries A FELA claim may also include compensation for other losses including medical treatment costs and lost earnings This includes the possibility of losing future income pain and discomfort and even inconvenience If you have been hurt on the job it is crucial to hire an experienced FELA lawyer right away Not only can a FELA lawyer help you get the maximum amount of compensation for your injury and other injuries but they can also help obtain presettlement legal funds so that you have money to cover expenses while waiting for your FELA lawsuit to settle A presettlement funding company will look at your FELA case details and other factors to determine the amount it will be able to offer in your case In contrast to a traditional bank loan it does not require a credit check and you do not have to wait until your FELA lawsuit is over to get the money Preparation for Trial After reviewing this evidence after which your lawyer will prepare an official complaint describing the railroads wrongful conduct and the damages you are seeking The claim will be filed with the legal representatives of your railroad and the insurer of your employer Once the claim is filed the attorneys on both sides will conduct an investigation to find additional evidence to support of the case Following the investigation your FELA attorney will begin to negotiate with the railroads legal representative to find a fair solution to your dispute If an acceptable agreement cannot be reached your lawyer will help you to move forward with filing an action against the railroads industry employer in federal court A lawsuit is a lengthy and complicated procedure During fela lawsuits both parties engage in discovery which includes sharing documents and information taking depositions as well as filing motions This can take up to a year prior to when the trial starts due to the amount of preparation required by both sides The quality and strength of your evidence can make a big difference in the settlement amount Expert testimony from medical professionals economists and physical therapy for instance can all be a part of your total amount of compensation Knowing the FELA rules and the specifics of your injury could have a significant impact on the result of your claim When deciding whether or not to settle a case it is crucial to take into account your financial situation and your emotional state A FELA lawyer can provide you with an objective assessment of your case as well as the potential outcomes of each option so that you can make the best choice for you When selecting an attorney look for someone who is proficient in communicating with you and makes you feel comfortable asking questions Understanding their fee structure is also crucial Many FELA attorneys are on a contingent basis which means that you only pay them if they win