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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements or trial awards may provide the payment of medical expenses, lost wages, suffering and pain. In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases are typically recognized with significant jury verdicts. How long does a FELA lawsuit take? There are a variety of factors that affect the length of time it takes to resolve an FELA claim. For instance, whether the case is filed in federal or state court, how long passes between an injury and when the lawsuit is filed and other specific aspects of the case could influence the time required to reach an agreement. Your attorney can help you estimate the time required for your FELA claim to be processed. Another factor that may impact the time frame the duration of a FELA case takes is how fast you can obtain medical evidence that supports your injury claim. This can be an important aspect in your case as it can help you get the maximum amount of compensation. In certain situations, if you do not receive medical evidence in a timely manner your claim could be denied due to a statute of limitations. The final aspect that can determine the duration of a FELA case is the speed at which you and your employer are able to reach a fair settlement. In some cases the lawyer and you may be able settle your FELA case without going to court. This can be accomplished by using alternative dispute resolution methods such as mediation arbitrage, negotiated agreements, or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim will negatively impact their relationship with their employer. It is nevertheless important to be aware that FELA laws prohibit employers from retaliating against employees who file an FELA claim. FELA claims also bypass the limitations on benefits imposed by the laws governing workers' compensation which allows railroad workers injured to receive compensation for their suffering and pain. Your attorney must draft a complaint before you can make a FELA suit. fela accident attorney against your employer. After your lawyer files the complaint, the employer will be given the chance to respond and explain any defenses. This can be a lengthy process, since your lawyers will have to conduct thorough investigations of workplace safety practices and gather evidence in support of your claim. What happens if I do not receive a settlement proposal? FELA cases allow railroad workers injured by injuries to seek compensation for future and past medical expenses, lost wages and suffering and pain. Since railroad workers generally earn significantly more than blue-collar workers working in other industries and professions, their FELA awards tend to be more substantial. It is not uncommon to see FELA cases to settle for large sums of money. A professional attorney is the first step towards filing an FELA suit. An attorney will examine the details of your accident to determine if you are able to claim damages. If you have a valid claim, your lawyer will assist you complete the necessary documents and conduct thorough investigations into the accident and your the response of your employer. Your lawyer will then file an action for damages to your company once the investigation is completed. Your employer will then be able to decide to settle the case, or pursue a trial. Trials can be costly and time consuming, so most FELA cases are settled prior to going to court. During this time you and your attorney will gather medical records, as well as other evidence to demonstrate the severity of your injuries. Your lawyer will also search for witnesses who are willing to be able to testify on your behalf. In addition, you may decide to pursue legal financing, which can offer you funds based on your projected settlement. In contrast to personal loans from credit unions and banks, pre-settlement legal funding does not require a thorough credit check or review of your financial history. A pre-settlement funder will examine your application and give you a quote detailing the terms and conditions of the loan. If you agree to the quote you could receive thousands of dollars before your case closes. What happens if I lose my case? Depending on the severity of your injury is, you might require medical attention for a while before you can settle. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that highlight the severity of your injuries and evidence from witnesses who can verify your claim. Your lawyer might be able to assist you receive pre-settlement financing in order to pay for your ongoing medical treatment and living expenses while you wait for a full settlement. Many FELA cases are settled before trial due to the fact that both sides want to avoid costly and risky court proceedings. However, appeals can cause delays in the case at various stages, and sometimes after a verdict has been returned. In these instances you are able to seek out a railroad injury attorney to get additional advice. What happens If I lose my case? Injured railroad employees receive a large settlement from their employers, since they have the right to claim medical expenses, lost wages, and discomfort and pain. Additionally, railroad workers have a higher income than blue-collar workers and have an increased cost of living and therefore can be compensated for greater economic damages. However, it's important to realize that it could take time to settle. This is due to the fact that FELA lawsuits usually involve multiple different steps, including discovery and litigation. If one of the parties files an appeal, it could create lengthy delays. During this time, the attorney can collect evidence, such as medical records as well as documents that show the extent of the injury. They may also search for witnesses who can testify on their behalf. If the injured worker needs additional financial assistance during the process, they could look into financing options like a pre-settlement legal funding loan. A pre-settlement funding company will review the situation, as well other aspects to determine what they can provide. This differs from personal loans which requires the use of a credit report and an analysis of financial background. Speak to a FELA claim attorney today for more information about how to get started.