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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, and suffering and pain. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as suffering and pain. This is the reason FELA cases are usually rewarded with substantial jury verdicts. How long does a FELA lawsuit take? Numerous factors can affect the length of time required to process a FELA case. The time required to settle a case is influenced by a variety of factors depending on whether the case was filed in a federal or state court, the amount of time that passed between the time of injury and the filing of the lawsuit and other details specific to the particular case. Your attorney can give you an estimate of the time it will take to process your specific FELA claim. fela lawyer that can affect the amount of time a FELA case takes is the speed at which you can get medical evidence to support your injury claim. This could be a crucial element in your case because it will help you get the most compensation. In some cases when you fail to obtain medical evidence in a timely manner, your claim may be denied due to a statute of limitations. The final aspect that can determine the length of the FELA case is the speed at which you and your employer can reach a fair settlement. In some instances the lawyer you choose to work with may be in a position to settle your FELA claim without going to trial. This is possible through alternative dispute resolution options like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. However, it is crucial to be aware that FELA laws prohibit employers from retaliating against employees who file claims. Additionally, FELA claims bypass the limits on benefits provided by workers' comp laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering. To make a FELA lawsuit, your attorney must prepare an official complaint. The complaint outlines your rights against your employer. After your attorney file the complaint, the employer will have the opportunity to respond and outline any defenses. This can be a lengthy process as your attorneys have to conduct thorough investigations into workplace safety practices and collect proof in support of your claims. What is the outcome if I don't receive a settlement? FELA cases allow injured railroad workers to recover damages for future and past medical expenses, lost wages, and pain and suffering. Since railroad workers generally earn higher than blue-collar employees in other industries so their FELA payouts tend to be more substantial. It is not uncommon for FELA cases to settle for large sums of money. The first step to file a FELA lawsuit is to contact an experienced attorney. An attorney will analyze the details of your accident and determine whether you have a valid claim for damages. If you have a valid claim, your lawyer will assist you in filing the necessary documents and conducting thorough investigations into the incident and employer's response to your claim. After the investigation is concluded the attorney will then make a claim for damages to your employer. Your employer may then decide to settle the case, or pursue the trial. Trials can be costly and time-consuming, which is why the majority of FELA cases settle before they get to the courtroom. During this time you and your attorney will gather medical records as well as other evidence to show the severity of your injury. Your lawyer will also look for witnesses who are willing to be witnesses on your behalf. You can also opt to pursue legal financing, which can provide funds in accordance with the settlement you expect. Unlike personal loans from credit unions and banks legal pre-settlement funding does not require a thorough credit check or analysis of your financial history. A pre-settlement funding company will review your application and provide you with a quote detailing the terms and conditions of the loan. If you agree to the quote you could be able to receive thousands of dollars before your case has closed. What happens if I lose my case? Depending on how severe your injury is, you may require medical treatment for a time before you can settle. While you are waiting for a resolution, your lawyer will collect evidence, including medical records that show the extent of your injury as well as testimony from witnesses who can verify your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing treatment and living expenses while you await an all-inclusive settlement. Many FELA cases settle prior to trial, since both sides are often motivated to avoid expensive and risky court actions. However, appeals can lead to delays in the case at different stages, and sometimes even after the verdict has been delivered. You can always contact an attorney for railroad injuries for more details in these situations. What happens when I lose my case? Injured railroad workers typically receive an extensive settlement from their employers, as they are entitled to file claims for medical expenses, lost wages, and pain and suffering. Additionally, railroad workers have a higher income than blue-collar employees and have a higher cost of living and therefore can be compensated for more substantial economic damages. It's important to realize that a settlement may take a long time. This is because FELA lawsuits often involve several overlapping steps such as discovery and litigation. If one of the parties files an appeal, it could cause lengthy delays. During this period, the attorney can gather evidence, such as medical records or documents that highlight the severity of injury. They can also search for witnesses to provide testimony on their behalf. In addition, if the injured worker requires additional financial help during the process, they could look into financing options like a pre-settlement legal funding loan. A legal funding company that is pre-settlement analyzes the case along with other aspects to determine how much they can provide in the form of a loan. This is different from personal loans that requires a credit check and review of financial background. For more details on how to get started, speak with a skilled FELA claim lawyer today.