Dock worker or railroad worker on the job

How Long Do FELA Cases Take? A Guide for Injured Dock and Railroad Workers

By Skip McManes - November 1, 2024 - Workers Compensation


How Long Do FELA Cases Take? | McManes Law


How Long Do FELA Cases Take? A Guide for Injured Dock and Railroad Workers

When you’re injured on the job as a dock or railroad worker, filing a claim under the Federal Employers Liability Act (FELA) is one of the most effective ways to seek compensation. But one of the most common questions injured workers ask is: How long will my FELA case take?

The answer varies based on several factors, such as the complexity of the case, the severity of your injury, and whether or not the case goes to trial. In this post, we’ll walk you through the factors that can affect the timeline of a FELA case and what you can expect from the legal process.

1. The Complexity of the Case

The complexity of your case is one of the biggest factors that will determine how long it takes to resolve. FELA cases require the injured worker to prove that the employer’s negligence played a role in causing the injury. This involves gathering evidence such as safety reports, witness testimony, and medical records.

  • Straightforward cases: If the evidence clearly shows that the employer’s negligence contributed to your injury, your case might be resolved quickly, sometimes in a few months.
  • Complex cases: If there are disputes about whether the employer was at fault or if the injury was caused by other factors, your case could take much longer to resolve, potentially lasting a year or more.

2. Severity of the Injury

The severity of your injury also plays a significant role in how long your FELA case will take. More severe injuries usually require longer medical treatment, which can delay settlement negotiations.

  • Minor injuries: If you suffer a relatively minor injury, such as a sprain or a small cut, your case may be resolved in a few months, as medical treatment and recovery may be quicker.
  • Serious injuries: Severe injuries, such as spinal cord damage, broken bones, or traumatic brain injuries (TBI), can take much longer because treatment may take months or even years. In these cases, it’s essential to reach Maximum Medical Improvement (MMI) before settling, meaning your condition has stabilized, and no further significant recovery is expected.

3. Medical Treatment and Maximum Medical Improvement (MMI)

Most FELA cases are not settled until the injured worker has reached MMI. This ensures that the full extent of medical expenses and long-term care needs are properly considered when negotiating a settlement.

  • Ongoing treatment: If you are still undergoing medical treatment or therapy, your attorney will likely advise you to wait before settling to ensure that all potential costs are covered.
  • MMI stage: Once your doctor determines that you have reached MMI, the legal team can more accurately estimate the compensation you’ll need for medical bills, lost wages, and potential future treatment.

4. Settlement Negotiations

FELA cases can often be resolved through settlement negotiations before going to trial. Settlement negotiations can significantly speed up the process, but the length of time it takes depends on how cooperative both parties are.

  • Quick settlements: If your employer’s negligence is clear and both sides are willing to negotiate in good faith, a settlement could be reached in a matter of months.
  • Prolonged negotiations: If the employer disputes the claim or offers a low settlement, negotiations can drag on for several months or even over a year.

5. Litigation and Trial

If a settlement cannot be reached through negotiations, your FELA case may go to trial, which will extend the timeline.

  • Pretrial phase: The pretrial process includes gathering evidence, taking depositions, and filing motions. This phase alone can take several months, especially if there are disputes over evidence or procedural delays.
  • Trial length: If the case goes to trial, it could last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses involved.
  • Appeals: After the trial, either party may choose to file an appeal, which can add more time to the process—sometimes extending the case by several months or even years.

6. Court Schedules and Other Delays

In addition to the complexity of the case and the negotiations, court schedules can impact how long a FELA case takes. Courts are often dealing with a backlog of cases, so getting a trial date may take longer than expected.

  • Court scheduling: Some courts may have packed schedules, causing delays in the pretrial phase or in setting the trial date itself.
  • Employer or insurance delays: In some cases, employers or their insurance companies may use delay tactics to pressure you into accepting a lower settlement. Having an experienced FELA attorney on your side will help ensure that your case progresses as efficiently as possible.

7. Typical Timeline for FELA Cases

While each case is unique, here’s a general idea of the average timeline for resolving FELA claims:

  • Simple cases (6-12 months): If the injury is minor and liability is clear, your case may be resolved in as little as 6 to 12 months through settlement negotiations.
  • Moderate cases (1-3 years): Cases involving more serious injuries or disputed liability may take 1 to 3 years, particularly if negotiations are prolonged or if the case goes to trial.
  • Complex cases (3+ years): Highly complex cases involving severe injuries, multiple parties, or appeals could take 3 years or longer to fully resolve.

How McManes Law Can Help with Your FELA Case

At McManes Law, we understand how overwhelming it can be to navigate a FELA case while recovering from a work-related injury. That’s why we’re here to guide you through every step of the process, from gathering evidence to negotiating with your employer’s insurance company or representing you in court.

We have extensive experience handling FELA cases for dock and railroad workers, and we’re committed to securing the best possible outcome for you. Whether your case is resolved through settlement or requires litigation, our team will work tirelessly to ensure you receive the compensation you deserve.

Conclusion: Get the Help You Need for Your FELA Case

While the length of a FELA case can vary, having the right legal representation can make the process smoother and ensure you get fair compensation. If you’ve been injured as a dock or railroad worker, don’t wait to seek legal help. Contact McManes Law today for a free consultation, and let us help you navigate the complexities of your FELA case.

Skip McManes

Skip McManes is a seasoned attorney with more than 20 years of experience in representing injured workers. Prior to dedicating his legal practice to this cause, he briefly worked as an insurance defense lawyer where he witnessed the unethical tactics of insurance companies. This motivated him to shift his focus to defending the rights of workers against these powerful entities. Skip obtained his education from Johnson High in Gainesville and the University of Georgia, where he earned a degree in finance and a law degree. Despite his busy schedule, he remains an avid supporter of the Georgia Bulldogs. Currently residing in Alpharetta, Georgia, Skip has been married for over two decades and has four children. His commitment to his clients and passion for justice are evident in his work, and he is dedicated to fighting for the rights of those who have been injured on the job.

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