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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 helped keep railroad workers safe at some of the most hazardous workplaces. FELA settlements and trial awards could include compensation for medical costs loss of wages, pain and discomfort. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic losses, like pain and suffering. This is the reason FELA cases are often recognized with significant jury verdicts. How long will a FELA case take? There are many factors that affect the length of time it takes to resolve a FELA claim. For example, whether the case is filed in a state or federal court, the amount of time that passes between an injury and the time the lawsuit is filed, and other specific aspects of the case may affect the length of time it takes to receive an agreement. Your lawyer can provide you with an estimate of the time it will take to complete your specific FELA claim. The speed at which you can gather medical evidence to support your injury claim could determine the length of a FELA lawsuit. This could be a crucial aspect in your case as it can help you get the most amount of compensation. In certain cases your claim may be denied if you fail to obtain medical evidence within a certain time frame. The final factor that could influence the length of a FELA case is the speed at which you and your employer negotiate an acceptable settlement. In some cases the lawyer you choose to work with may be capable of settling your FELA claim without having to go to trial. This can be done by using alternative dispute resolution methods such as mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could affect their relationship with their employer. It is important to know that FELA does not permit employers to retaliate against employees who file a FELA claim. FELA claims also bypass the limitations on benefits provided by the laws governing workers' compensation, allowing injured railroad workers to receive compensation for their suffering and pain. Your attorney must draft a complaint prior to when you can make a FELA suit. railroad injury fela lawyer will outline the claims you have against your employer. After your attorney submits the complaint, the respondent will have the opportunity to respond and provide any defenses. This can be a long process, since your lawyers will need to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What happens if I don't receive a settlement offer? FELA cases allow railroad workers who are injured to claim compensation for past and future medical expenses, lost wages, and suffering. Since railroad workers generally earn significantly higher than blue-collar employees in other industries and professions, their FELA awards are typically higher. It is not uncommon to see FELA cases to settle for large amounts of money. The first step in filing an FELA lawsuit is to contact an experienced attorney. An attorney will review the details of your accident to determine if you are able to make a claim for damages. If you have a valid claim your lawyer will assist you complete the necessary paperwork and conduct thorough investigation into the accident and your the response of your employer to your claim. Once the investigation is complete, your attorney will make a claim for damages to your employer. Your employer will either agree to a settlement or go through the process of an appeal. Trials are costly and time consuming, so most FELA cases are settled prior to going to the court. During this period you and your lawyer will gather medical documents and other evidence to show the seriousness of your injuries. Your lawyer will also look for witnesses who are willing to be able to testify on your behalf. You may also decide to pursue legal financing, which can provide funds contingent on the settlement you're hoping to receive. In contrast to 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 examine your application and provide you with a quote highlighting the terms and conditions of the loan. If you accept the offer, you can receive thousands of dollars before your case has closed. What happens if I don't succeed in my case? Depending on how severe your injury is, you may require medical treatment for some time before you can settle. While you are waiting for a resolution, your lawyer will gather evidence, such as medical records that show the severity of your injury and testimony from witnesses who can verify your claim. Your lawyer might be able to help you obtain pre-settlement funds to pay for your ongoing treatment and living costs while you wait for a full settlement. A lot of FELA cases settle before going to trial, as both sides are usually motivated to avoid expensive and risky court actions. However, appeals can cause delays in the case at various stages, and sometimes even after the verdict has been delivered. You can always contact a railroad injury lawyer for more details in these cases. What happens If I lose my case? Injured railroad employees receive a large settlement from their employer, since they are entitled to claim medical expenses, lost wages and pain and discomfort. Railroad workers also earn more than blue-collar employees and have a higher cost of living. This means that they can be compensated more for economic damages. It is important to understand that it could take time to obtain a settlement. This is because FELA cases usually involve multiple interconnected steps, including litigation and discovery. If one of the parties files a appeal, it can also result in lengthy delays. During this time, attorneys may gather evidence, including medical records and other documents that show the extent of the injury. They can also seek out witnesses who can testify on their behalf. Additionally, if the injured worker requires financial assistance during this process, they may explore financing options, such as a pre-settlement legal funding loan. A pre-settlement funding company will examine the situation, as other elements, to determine what they could provide. This differs from a personal loan that requires a credit check and financial history. Speak to an FELA claim attorney today to learn more about how to start.