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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 can include compensation for medical expenses, lost wages, and pain and suffering. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases typically result in large jury verdicts. How long does a FELA case take? There are many variables that determine how long it takes to process a FELA claim. For example whether the case is filed in a federal or state court, how much time is between an injury and the time the lawsuit is filed and other specifics of the case can impact the length of time it takes to get an agreement. Your attorney can provide an estimate of the time it will take to process your particular FELA claim. Another aspect that could affect the length of time the duration of a FELA case will be determined by the speed at which you can get medical evidence that supports your claim for injury. This could be a critical factor for your case because it can allow you to get the maximum amount of compensation possible. In some cases when you fail to receive medical evidence promptly the claim could be denied due to the statute of limitations. fela claims that could influence the length of a FELA lawsuit is the speed at which your employer and you come to a fair settlement. In some instances both you and your lawyer could be able to settle your FELA case without going to court. This is possible by using alternative dispute resolution methods such as mediation, negotiated settlements, arbitration or mandatory settlement conferences. Some workers might be worried about whether filing a FELA complaint could negatively impact their relationship with their employer. It is important to know that FELA prevents employers from retaliating against employees who file a FELA claim. In addition, FELA claims bypass the limits on benefits provided by workers' compensation laws and allow injured railroad workers to recover monetary damages for pain and suffering. To file a FELA lawsuit, your attorney must prepare an official complaint. The document will outline the claims you have against your employer. After your lawyer submits the complaint, the employer is given the opportunity to respond and provide any defenses. This can be a lengthy process since your lawyers will must conduct thorough investigations into workplace safety practices, and gather proof in support of your assertions. What happens if I don't get an agreement? In FELA cases railroad workers who are injured can seek compensation for past, future, and current medical expenses, lost wages, and the pain and suffering. Railroad workers earn more than blue-collar workers from other industries. This means that their FELA payouts are higher. It is not unusual for FELA cases to settle for large sums of money. Contacting an experienced attorney is the first step towards filing an FELA suit. An attorney will go over the details of your accident to determine if you can make a claim for damages. If you have a valid case your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the incident and employer's reaction to your claim. After the investigation has been completed, your attorney will make a claim for damages to your employer. Your employer will then either agree to a settlement or go through the process of a trial. Trials can be costly and time-consuming, which is why most FELA cases settle before they get to court. During this time you and your lawyer will take medical documents and other evidence to will demonstrate the seriousness of your injuries. Your lawyer will also look for witnesses who can be able to testify on your behalf. You could also choose to pursue legal financing which can provide funds contingent on the settlement you expect. Unlike personal loans from credit unions and banks, legal pre-settlement funding does not require a lengthy credit check or analysis of your financial history. After review of your application, a pre-settlement lawful funding company will offer you a quote which outlines the conditions and terms of your loan. If you agree to the quote you could receive thousands of dollars before your case has closed. What happens if I don't succeed in my case? You could require medical treatment for a specific amount of time, depending on the severity of your injury. While you are waiting for a resolution, your lawyer will collect evidence, such as medical records that highlight the severity of your injuries and testimony from witnesses who can verify your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to cover ongoing treatment and living expenses until you receive the final settlement. A lot of FELA cases are settled before trial due to the fact that both sides want to avoid costly and risky court actions. However, appeals can lead to delays in the case at different stages, and sometimes after the verdict has been handed down. In these situations you can always reach out to an attorney who handles railroad injuries for additional guidance. What happens when I lose my case? Injured railroad employees receive a large settlement from their employer, as they have the right to claim medical expenses, lost wage as well as pain and discomfort. Additionally, railroad workers earn much more than blue-collar employees and have a higher cost of living, which means they can be compensated for more significant economic damages. It's important to realize that settling a case can take a long time. This is because FELA lawsuits usually involve multiple overlapping steps such as discovery and litigation. If one of the parties files a appeal, it can also cause lengthy delays. During this time the attorney will be able to collect evidence such as medical records and documents that demonstrate the severity of the injury. They can also seek out witnesses who can testify on their behalf. Additionally, if the injured worker requires additional financial assistance during this process, they may look into financing options like a pre-settlement legal funding loan. A pre-settlement financing company will examine the situation, as other elements, to determine what they could offer. This differs from personal loans, which requires an examination of credit and a review of financial background. Talk to an FELA claim attorney today for more details about how to get started.