After being made the victim of a railroad accident and subsequently incurring injuries and damages, you may believe you have legitimate grounds to pursue a Federal Employers’ Liability Act (FELA) claim. You may consider settling right away if you require financial aid immediately. Or, you may patiently endure litigation proceedings in the hopes that you are awarded a higher amount. However, there is always the risk of earning less, not to mention the additional expenses of lawyer fees and court fees. If you are torn, please continue reading to learn whether you should settle or litigate your FELA claim and how one of the experienced FELA lawyers at Hildebrand McLeod & Nelson LLP can help you make this critical decision.
How do I know if I should settle or litigate my FELA claim?
You should know that most FELA claims are settled between the plaintiff and the defendant before they reach the court. Well, it may be in your best interest to attempt settling if you have an inkling that your case may not be strong enough to hold up in court. Or, if you believe the court will find that you partially contributed negligence to your railroad accident and subsequently lower the financial award you are granted. Overall, your railroad company employer may be more willing to give you the settlement amount you seek to evade public attention and scrutiny.
That said, though, you should not agree to a settlement that does not nearly cover the full extent of your injuries and current and future economic and non-economic damages. This is because you may be indefinitely barred from pursuing another legal claim against your railroad company employer for additional funds. So, if you and the defendant cannot negotiate a fair dollar amount, you should take your FELA claim to court and fight for what you deserve.
How do I know how much my FELA claim is worth?
Depending on the catastrophy surrounding your railroad accident and your injuries, your FELA claim may be worth anything from a few thousand dollars to millions of dollars. Nevertheless, while being mindful of the statute of limitations, you should consider waiting to bring your FELA claim forward until your doctor tells you that you have reached your maximum medical improvement. This is in addition to gathering the right medical records, employment records, witness testimonies, and more. That way, you may more accurately calculate how much your injuries, economic damages, and non-economic damages have cost you and will cost you.
Rest assured, one of our lawyers, and possibly even a hired forensic accountant, may assist you in making these calculations. You may initially propose this dollar amount in your settlement negotiations. But if you are close to exhausting your settlement efforts, you may reflect on whether fighting to get this amount in litigated proceedings is worth the financial risk. This is along with considering the inevitable legal fees and emotional cost of it all.
To conclude, you must be fully equipped to enter your upcoming FELA claim proceedings. Your preparation is incomplete without hiring one of the skilled FELA lawyers. Contact Hildebrand McLeod & Nelson LLP today.
