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TriMark Legal Funding is one of the leading providers of FELA lawsuit funding in the country. While also known as pre settlement funding or a lawsuit loan, you can receive a cash advance on your expected lawsuit settlement money while you wait for your FELA claim to settle.

Out of work and in need of funds? TriMark Legal Funding can help. We provide FELA lawsuit funding upfront to plaintiffs who are waiting for a railroad settlement.

When you are in the middle of a lawsuit, pre-settlement funding is a fast, risk-free way to receive financial assistance.

Get cash quickly to cover your medical bills, legal fees, living expenses, car or mortgage payments, and other costs.

Get FELA Lawsuit Funding Now

FELA Lawsuits Explained

Long hours and constant hazards at work make up a railroad career. That’s why on top of providing fair wages and benefits, railroad firms — even the big ones, like Amtrak — are counted on to guarantee the safety and protection of their workers.

An employer’s failure to do their part could result in disability or death. Under the Federal Employers’ Liability Act (FELA), injured railroad workers can file a claim against a company. FELA allows full recovery of losses if railroaders can prove their company’s negligence.

The anticipated value of the payout is much bigger than what non-railroaders receive via workers’ compensation. Yet, it seems a case can take forever when more money is at stake.

For instance, in 2004, a $2 million verdict went to a cumulative trauma injury complaint made by a Union Pacific locomotive worker in Arkansas. It was almost twice what he and his lawyers asked for. Despite the ruling, he did not get his settlement money right away.

This kind of situation is not unusual among FELA lawsuits. And with it comes the chain of disadvantages that may happen to hurt workers.

That is, before the good comes the bad: victims and their families can face financial hardships while waiting for their cases to be resolved.

Railroad Pre-settlement Loans

TriMark Legal Funding is in a unique position to help FELA lawsuit plaintiffs get out of a financial bind.

We specialize in railroad pre-settlement loans, which are easy to get. Application takes only a few minutes. Funds are then transferred to your account within 12-24 hours of approval.

The entire process is fast because we believe you don’t have to spend another day worrying about your medical bills, daily expenses, mortgage payments, and other concerns that tap into your cash flow.

You will also need money if you are going to play the long game. The same resource can buy your lawyer time to negotiate a fair settlement or prepare to present your case to the jury.

The whole shebang can be complicated. Even when you manage to convince the court to rule in your favor, the defendant can appeal the verdict and delay the payout.

Your relationship with the railroad company can go south at any point, whether you’re still working for them. You have to fend for yourself and think about the future.

We understand how overwhelming all of these can be. And we think we can help.

Our FELA lawsuit funding as low, non-compounding rates.

Receive as much as $min to $max, depending on the merits of your case.

No upfront lending fees and monthly payments required. No credit or income history asked.

Plus, you get to keep your advance and pay us $0 if you don’t win.

We bear the risk right when we approve your application.

Who is Eligible for FELA Railroad Settlements?

We look at the following criteria to determine who qualifies for a FELA lawsuit cash advance:

  • You are at least 18 years old.
  • You have a valid claim for injuries sustained on the job as an employee or contractor of the railroad company.
  • Your FELA claim attorney is working on a contingency basis.
  • Your settlement money will pass through your lawyer’s trust account.

Get a FELA Lawsuit Cash Advance!

Railroad Lawsuit Expectations

Know when to file a claim and what happens after that. The steps below should give you an idea, but you should ask your attorney to explain how your case fits the timeline.

Investigation & Settlement Negotiations

There are three essential agents in this phase: you, your employer/the railroad company, and your lawyer.

  • Most probably, post-injury, your employer/the railroad company will ask you to file a report on the accident.
  • The railroad will conduct an internal investigation.
  • Your lawyer will conduct his or her own investigation to determine the legal validity of your claims and the extent of your injuries.
  • At this point, both parties can start talking about the settlement of your FELA case.

Filing the Complaint

  • In the absence of early settlement, your lawyer can proceed to file a civil action on your behalf. He or she will prepare the document, known as the complaint, detailing your claims against your employer/the railroad company. The defendant should respond to the complaint, which usually comes with a summons, indicating which parts they admit to or contest. They should also lay down their defenses or claims against you.
  • Next comes discovery, which involves both parties exchanging documents and information related to the lawsuit. Discovery can be in the form of interrogatories, document production, and depositions.

Pre-Trial Maneuvers

A judge overseeing a FELA complaint can order Alternate Dispute Resolution (ADR) in which both parties will be required to go to mediation or mandatory settlement meetings. In these events, you and the defendant may reach a settlement, or either/both may seek a motion to remove the case or a portion of it.

Trial

If none of the conditions above are met, the case will go to trial.

  • You or your employer can choose to have a jury.
  • The lawyers of either party will present their arguments and evidence.
  • The judge or jury will weigh the facts and reach a decision, which the judge will order to be entered for the winning party.
  • One or both parties can appeal the decision to a higher court. However, settlement terms cannot be appealed if both parties already agreed to the terms.

Potential Lawsuit Settlement Amounts

There is no set formula to estimate damages. But remember that FELA allows plaintiffs to recover economic losses and non-economic losses. The judge or jury will determine the value of each item. The latter may be hard to quantify, but their value can be higher than that of medical care and treatment.

These are the factors that are included in the calculation of damages:

  • Past and future medical expenses
  • Past and future lost wages
  • Past and future pain and suffering
  • Loss of enjoyment of life

The damages can also be reduced if the victim is partially at fault for their injuries. For instance, if the claimant is 20% responsible, which leaves 80% of the blame to the defendant, the compensation will be 20% less than what was asked. So if the amount is $100,00, only $80,000 will go to the plaintiff.

 

How Long Do FELA Cases Take to Settle?

Not all FELA lawsuits are created equal. Some can take a few months, others for a few years. It’s the initial phases that are more predictable. For instance, two months can be allotted to early settlement. If there is no agreement reached, your lawyer can file a complaint by then. The other party has 30 to 60 days to file an answer before the court initiates discovery.

The trial follows. But even after a verdict is made, one or both parties can appeal it to a higher court. This can drag on and delay the payout. There is no guarantee you can have the millions you’re promised right when you need it the most.

What Are the Most Common Railroad Injuries?

A work-related railroad injury or illness refers to a resulting condition or a pre-existing condition that was caused or aggravated by an event or exposure in the work environment (e.g. shop or railway).

Here are some of the most common types of traumatic injuries which result in a personal injury lawsuit:

Back Injuries

Injuries to the spinal cord can have a life-changing impact on railroaders. They will have to deal with pain for the rest of their lives. Some won’t have a choice but to retire early or switch jobs. Add the out-of-pocket costs they may incur while getting treatment, care, or surgery if the injury is severe.

Another back-related problem that can arise at railroads is spinal disc herniation. The most common culprit is lifting heavy equipment and freight. This condition involves the softer central part of the disc slipping out of place, causing debilitating pain.

Brain Injuries

This type of injury can range from mild to severe. And it can happen even when a worker is wearing a hard hat or helmet.

Concussions, which are also called mild traumatic brain injuries, may not show symptoms right after the accident. But those who have it can suffer from blurred vision, headache, balancing difficulty, concentration issues, or personality changes.

If traumatic brain injury is severe, it can cause life-altering effects. Cognitive ability may be reduced, coordination may be lost, and behavior and personality may change. The victim may have a hard time recovering from these symptoms.

Burn Injuries

Railroad workers can sustain burns due to their exposure to chemical solvents and scorching metal surfaces. Engine fires, hose ruptures, and explosions can also cause second-degree or third-degree burns. Meanwhile, electrocution results not only in this injury but also in cardiac arrest and tissue damage.

Crush Injuries

Railroaders often have to deal with heavy objects, such as cargo and railyard equipment. The train cars and parts also pose a risk to them. Accidents involving these things can result in crush injuries. Affected bones and internal organs may take a long time to heal, leading to loss of wages.

Disfigurement

Amputation, discoloration, partially-healed broken bones/fractures, and scars can leave an indelible mark on the victim’s body and even psyche. The impact on self-esteem cannot be quantified, but you can claim damages for pain and suffering under FELA. The amount can help you recover the costs of expensive treatments, such as plastic or reconstructive surgery.

Number of Work-Related Railroad Fatalities per 100 Full-Time Workers

Data series      2015    2016    2017    2018

Fatalities

Number of fatalities

11        11        13        17

Blank cells indicate no data reported or data that do not meet publication criteria.

Rates of Work-Related Railroad Injuries and Illnesses per 100 Full-Time Workers

Data series      2018

Rate of injury and illness cases per 100 full-time workers

Total recordable cases

1.9

Cases involving days away from work, job restriction, or transfer

1.4

Cases involving days away from work

1.3

Cases involving days of job transfer or restriction

0.1

Blank cells indicate no data reported or data that do not meet publication criteria.

Source

What is FELA?

“The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the act did not make the employer an insurer. The liability which it imposed was the liability for negligence.”      

– Justice William Douglas, United States Supreme Court

FELA was first enacted in 1906. But the U.S. Supreme Court declared it unconstitutional because it went beyond the railroad workers covered by the Interstate Commerce Clause. It also ruled that Congress was not authorized to pass the legislation.

The version we know now was enacted in 1908. Attempts to replace FELA with workers’ compensation since then have not been successful.

Railroad deaths in the late 1800s and early 1900s prompted Congress to enact FELA. Through this act, injured railroaders can file a complaint against companies. Claims can include monetary compensation for pain and suffering. Some of the most common railroad injuries are brain injury, burns, and disfigurement. Between the 1960s and 1990s, railroad firms also paid tens of millions of dollars to settle solvent lawsuits – linking degrees of brain damage to toxic solvent exposure.

Juries use comparative negligence, which can assign part of the blame to the plaintiff if proven, to decide the case. In this sense, FELA is different from the workers’ comp law, which automatically awards damages to an employee. Under FELA, the worker must prove that the railroad company is legally liable for his or her injuries. FELA compensation, however, is much higher than workers’ comp.

Apply For Railroad Pre-Settlement Loans Now

TriMark Legal Funding has been offering FELA lawsuit funding since 2003. That’s over 17 years of experience putting money in the plaintiff’s hands better, faster, and cheaper than the other guys.

Getting started takes only a few minutes, then you could have cash in your hands as quickly as tomorrow.

Apply online or call us at (877) 932-2628, and one of our friendly representatives will be happy to take your information right over the phone.

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