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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most hazardous workplaces. FELA settlements and trial awards could include compensation for medical expenses, lost wages, and pain and discomfort. In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases often result in significant jury verdicts. How long does a FELA lawsuit take? There are a myriad of variables that determine how long it takes to settle a FELA claim. For instance whether the case is filed in a state or federal court, how much time is between an injury and when the lawsuit is filed, and other specific aspects of the case could impact the length of time it takes to receive an agreement. Your attorney can estimate the time required for your FELA claim to be processed. Another aspect that could affect the length of time a FELA case takes is the speed at which you can get medical evidence that supports your injury claim. This is a significant aspect in your case as it will allow you to receive the highest amount of compensation that you are entitled to. In certain cases in the event that you fail to obtain medical evidence in a timely manner your claim could be barred by a statute of limitations. The final factor that can affect the duration of a FELA lawsuit is the speed at which your employer and you come to a fair settlement. In some cases your lawyer might be able to settle your FELA claim without having to go to trial. This can be achieved through alternative dispute resolution options like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could affect their relationship to their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who file an FELA claim. In addition, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to claim monetary compensation for pain and suffering. To make a FELA lawsuit your lawyer must draft the complaint. The complaint outlines your rights against your employer. After your lawyer has filed the complaint, the defendant has the option of responding to the claims and outline any defenses they might have. This could be a lengthy process, since your lawyers will have to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim. What is the consequence if I don't win a settlement? FELA cases allow injured railroad workers to claim compensation for future and past medical expenses, lost wages, and suffering. Because railroad workers generally earn higher than blue-collar employees in other industries, their FELA awards are typically higher. It is not uncommon for FELA cases to settle for large sums of money. A professional attorney is the first step to filing an FELA suit. An attorney will evaluate the details of your accident and determine if you have a valid claim for damages. If you have a valid claim, your lawyer will help you complete the necessary paperwork and conduct thorough investigation into your accident and the response of your employer. After the investigation is concluded, your attorney will make a claim for damages to your employer. Your employer can then accept a settlement or pursue the trial. Trials can be costly and time-consuming, which is the reason most FELA cases settle before they get to the courtroom. During this period you and your attorney will collect medical records, as well as other evidence to demonstrate the severity of your injury. Your lawyer will also look for witnesses who can testify on your behalf. In addition, you may opt to pursue legal funding which could provide you with money based on your projected settlement. In contrast to personal loans from credit unions and banks pre-settlement legal funding does not require an extensive credit check or a review of your financial history. A pre-settlement funder will examine your application and offer you a quotation highlighting the terms and conditions of the loan. The decision to accept the quote could result in you receiving thousands of dollars prior to the closing of the case. What happens when I lose my case? Depending on the severity of your injury is, you may require medical treatment for some time before you are able to settle. Your lawyer will collect evidence as you are waiting for a settlement, including medical records that show the severity of your injuries and testimony from witnesses to validate your claim. If necessary, your lawyer may help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you wait for an all-inclusive settlement. A lot of FELA cases are settled prior to trial due to the fact that both sides want 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 a railroad injury lawyer for more details in these cases. What happens if I lose my case? Railroad workers who have been injured usually receive an extensive settlement from their employers, as they are entitled to make claims for medical expenses, lost wages, and suffering. In addition, railroad employees have a higher income than blue-collar employees and have an increased cost of living, which means they can be compensated for greater economic damages. It's important to realize that a settlement can take a long time. This is due to the fact that FELA cases typically involve a number of different steps that are interspersed, like litigation and discovery. If one of the parties files a appeal, it can also cause lengthy delays. During this time, the attorney may gather evidence, including medical records as well as documents that show the extent of the injury. fela claims may also search for witnesses who can testify on their behalf. If the injured worker requires financial help during the process, they could pursue financing options such as a pre-settlement legal funding loan. A pre-settlement legal funding company looks at the case along with other factors to determine the amount they can offer in the form of a loan. This is different from the personal loan that requires the use of a credit report and an analysis of financial background. For more information on how to get started, speak with an experienced FELA claim lawyer today.