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How Long Do FELA Lawsuits Take to Process? FELA lawsuits that have been in existence for more than 100 years, have contributed to keeping railroad workers safe in some of the most hazardous places of work. FELA settlements or trial awards can include compensation for medical expenses, lost wages, suffering and pain. Unlike workers' comp cases, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases are usually awarded with large jury verdicts. How long will a FELA lawsuit take? Many factors can influence the length of time required to settle an FELA case. For example whether the case is filed in a federal or state court, the amount of time that is between an injury and when the lawsuit is filed, and other specific details of the case can affect the length of time required to reach a settlement. Your lawyer can provide you with an estimate of the time it will take to process your particular FELA claim. Another aspect that could affect the amount of time the duration of a FELA case takes is how fast you can obtain medical evidence that supports your claim for injury. This is a significant aspect in your case as it can allow you to get the highest amount of compensation that you are entitled to. In some cases, if you do not receive medical evidence promptly your claim could be denied due to the statute of limitations. The last element that can influence the length of the FELA lawsuit is how quickly your employer and you reach a fair deal. In certain cases both you and your lawyer might be able to settle your FELA case without going to court. This is possible through alternative dispute resolution methods like mediation or negotiated agreements, arbitration, or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. It is nevertheless crucial to be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit claims. Additionally, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to seek compensation for pain and suffering. To file a FELA lawsuit, your attorney must prepare the complaint. This document outlines your claims against your employer. After your lawyer files the complaint, the respondent will have the opportunity to respond and provide any defenses. This can be a lengthy process since your lawyers will have to conduct thorough investigations into workplace safety practices and collect proof in support of your assertions. What is the outcome if I don't get a settlement offer? FELA cases allow injured railroad workers to claim compensation for past and future medical expenses, lost wages, and suffering. Because railroad workers generally earn much more than blue-collar workers in other industries so their FELA awards are typically higher. It is not unusual to see FELA cases to settle for large amounts of money. The first step in submitting a FELA lawsuit is to contact an experienced attorney. An attorney will examine the details of your accident to determine whether you are eligible to file a claim for damages. If you have a valid case the lawyer will assist you in filing the necessary paperwork and conducting thorough investigations into the accident and your employer's reaction to your claim. After the investigation has been completed the attorney will then make a claim for damages to your employer. Your employer will either agree to a settlement, or go through the process of a trial. Trials can be costly and time consuming, so most FELA cases are settled prior to going to the court. During this time you and your lawyer will collect medical records and other evidence that will demonstrate the extent of your injuries. Your lawyer will also search for witnesses who can provide testimony on your behalf. In addition, you may decide to pursue legal funding which could provide you with funds according to the estimated settlement. Legal Funding for Pre-settlement does not require a credit check or a review of your past financial history. A pre-settlement funding company will review your application and give you a quote that outlines the terms and conditions of the loan. Accepting the quote could result in you receiving thousands of dollars prior to the closing of the case. What is the outcome if I don't win my case? Depending on the severity of your injury is, you might need to undergo medical treatment for a time before a settlement is reached. Your lawyer will gather evidence while you wait for a settlement including medical records that prove the extent of your injuries, as well as testimony from witnesses to support your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you await a full settlement. Many FELA cases settle before going to trial, because both sides are usually driven to avoid costly and risky court actions. However, appeals can cause delays in the case at various stages, and sometimes after the verdict has been handed down. You can always reach out to an attorney for railroad injuries to get more information about these instances. What happens if my case gets lost? Railroad workers who have been injured usually receive an extensive settlement from their employers, as they have a right to make claims for medical expenses, lost wages and suffering. Railroad workers also earn more than blue-collar employees and have a much higher cost of living. This means they are entitled to a higher amount for economic losses. It's important to realize that settling a case can take a long time. This is because FELA cases usually involve multiple interconnected steps, including litigation and discovery. Furthermore, if one the parties files an appeal, it could result in long delays in the case. During fela railroad accident lawyer , the attorney may gather evidence, including medical records and documents that highlight the extent of the injury. They may also search for witnesses who will testify on their behalf. If the injured worker requires financial assistance during the process, they could explore financing options, such as an advance settlement legal funding loan. A pre-settlement legal fund company analyzes the case along with other aspects to determine how much they can provide in a loan. This differs from a personal loan that requires a credit check and financial history. For more information on how to get started, speak with an experienced FELA claim lawyer today.