The FELA Settlement Calculator is a computational tool designed to approximate the settlement amount one could expect in a FELA lawsuit. It aims to simplify a complex process, giving you a better idea of what to expect before entering negotiations or going to trial. The calculator typically breaks down the settlement into various components, including economic and non-economic damages, while also taking into account contributory negligence.
The Formula: Breaking it Down
The basic formula used by the FELA Settlement Calculator is:
FELA Settlement=Economic Damages+Non-Economic Damages−(Contributory Negligence)FELA Settlement=Economic Damages+Non-Economic Damages−(Contributory Negligence)
Economic Damages
Economic damages are quantifiable and include:
- Medical Expenses (past and future)
- Lost Wages (past and future)
- Cost of Rehabilitation
- Any other verifiable financial losses related to the injury
Non-Economic Damages
Non-economic damages are subjective and include:
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Consortium (if applicable)
Contributory Negligence
Contributory Negligence is the degree to which the injured party may be responsible for their own injuries. It’s expressed as a percentage, and the settlement amount may be reduced accordingly.
Example of FELA Settlement Calculator
To provide a clearer understanding, let’s consider an example. Imagine a railroad worker sustained injuries that resulted in $50,000 in medical expenses, $20,000 in lost wages, and $10,000 for rehabilitation, summing up to $80,000 in economic damages. For non-economic damages like pain and suffering, let’s estimate $40,000.
If the contributory negligence is assessed at 10%, then:
\text{FELA Settlement} = ( $80,000 + $40,000) – (0.10 \times ( $80,000 + $40,000)) \text{FELA Settlement} = $120,000 – $12,000 \text{FELA Settlement} = $108,000
Most Common FAQs
The calculator provides an estimation and should not be considered as the definitive amount one will receive. It serves as a starting point for negotiations and to give a ballpark figure for what might be expected.
No, the Calculator is specifically designed for cases falling under the Federal Employers’ Liability Act and should not be used for other types of personal injury or worker’s compensation cases.