Should You Settle Your Case?

Your FELA "claim" is a lawsuit. In many ways it is similar to any other lawsuit, such as a lawsuit for damages arising from a car accident. For more information on the law governing your lawsuit, see our other pamphlets "The FELA and your rights" and "What to Expect At Trial."

A trial results in a verdict which is a decision imposed upon the Plaintiff and the Railroad. If the verdict is for the Plaintiff, the jury has decided that the plaintiff is entitled to a certain amount of money and orders the Railroad to pay that money to the plaintiff. If the judgment is for the Railroad, the jury has determined that the Railroad does not have to pay any money to the plaintiff. Except when the result is changed on appeal, every judgment is final. There are no second chances.

A settlement is an agreement between the Plaintiff and the Railroad that, in exchange for a certain amount of money, the Plaintiff will drop his lawsuit and will agree never to bring a lawsuit for the same injury again. There may be other agreements as a part of the settlement as well, such as an agreement not to return to work, or a release for any other claims the Plaintiff may have against the Railroad.

The Benefits of a Settlement

FINALITY

A verdict rendered by a jury is not final, nor is payment immediate. Once a jury has rendered its verdict, that verdict can be "undone" in several ways. First, under very specific circumstances, the Judge can order a new trial from scratch, or "remit" or reduce the amount of the verdict if the Judge feels it is too high.

In any verdict, the loser can appeal the decision of the trial court. The appeal process can take as long as two years. If you win at trial, you still must win on appeal to receive your money.

EXPENSE

Trials cost money. Every dollar that is spent trying your case to a jury is a dollar that will be taken out of your recovery. Expenses include hotel and traveling expenses for your witnesses and your lawyers, filing fees, deposition expenses, expert and doctor fees, copy fees and numerous other expenses assorted with trying a case to a jury. Settlement before trial avoids these expenses.

RISK

Everything you know tells you that you should win. However, what you don't know is that the Railroad has hired lawyers who have found witnesses to testify that the Railroad did nothing wrong, that you are not hurt, that you should not be out of work on injury and that you have no money damages. There is always the risk that you may LOSE and recover nothing. Settlement avoids the risk of losing, and makes getting something a sure thing. Remember, sometimes a bird in the hand is worth two in the bush.

THE RIGHT AMOUNT

Juries cannot make the Railroad apologize for your injury; a Jury cannot make you well, or make you feel better. They cannot give you a better job, or a better education. The only thing a jury can do is fix a verdict based upon its estimation of your "Damages."

When the Railroad makes an "offer" to settle your case, it is because they realize there is a risk that they may lose at trial and have to pay money to you. In addition, they may also want to avoid the expense and inconvenience of a trial.

Whether the amount of money they have offered to settle your case is enough so that you should accept the settlement is based upon the risk of losing or getting less at trial, and the anticipated expenses of trying your case to a jury. In addition, the desire or need to get the whole matter over with and behind you may also be an important factor to you.

The only person who truly understands the risks of trial is your lawyer. If you have carefully chosen your lawyer, he has settled and tried many FELA cases, has spoken with all the witnesses, your doctors, and knows what the Railroad's evidence will be. He also knows the law, and how it effects what you will be able to show to the jury at trial. He also knows how much it will take to try the case, and when that money must be spent to prepare for trial. LISTEN TO YOUR LAWYER. Only a fool would perform brain surgery on himself. Why hire a lawyer? So that he can handle your case because he has done it before and knows what to do.

Do's and Don'ts When Considering a Settlement

* Do consider the advice of your attorney; he is in a better position to know the risks of going to trial than you are.

*Do ask questions about what is good and not so good about your case and why your lawyer feels the way he does.

*Do insist on being kept informed of the important aspects of your case as it progresses.

*Do consider your own needs and desires in reaching a settlement. Your lawyer works for you, not the other way around.

*Don't listen to others who have settled cases. Their case is not your case, and they often exaggerate how much they received in settlement.

*Don't take legal advice from anyone but your lawyer. The value of your case depends upon many considerations of law and evidence.

*Don't estimate what your "damages" are. A jury can only award damages for a very few specific things. Ask your lawyer what you can recover for and what you should consider.

*Don't forget; it is your decision whether to settle or not. There are no second chances.

*Don't forget that the Railroad considers the quality of the lawyer in determining whether and how much to offer to settle a case. Get a good, experienced, ethical lawyer.

*Don't forget to consider that in any amount offered, money will be taken out for your lawyers fees, costs, and sometimes other items. Make an effort to know how much you will "clear" after the settlement if you accept the offer.

What You Need to Win

First, you need an experienced attorney. Just as someone would be foolish to have a family doctor perform brain surgery, it would be foolish to have an attorney unfamiliar with FELA law try a FELA case.

Second, you need a FELA attorney who has shown success in trying cases in the Courtroom as well as settling cases without a trial.

Finally, you need an experienced FELA attorney who puts your interests first. Some unethical lawyers will pay a percentage of your recovery to whoever convinces you to hire them. You want a firm to represent you and your interests totally and honestly.

Bondurant Law has been in the practice of representing Railroad workers in FELA law for 35 years. Our staff of lawyers is unparalleled in dedicated service to its clients in and out of the Courtroom, and our friendly support staff of paralegals and secretaries are always on hand to answer your questions.