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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements and trial awards may include compensation for medical costs as well as lost wages and discomfort and pain. Unlike workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases are typically rewarded with substantial jury verdicts. How long will a FELA lawsuit take? Many factors can impact the time it takes to resolve the FELA case. The length of time to settle a claim is influenced by a variety of factors, including whether the case was filed in federal court or state court, the amount of time that passed between the injury and the filing of the lawsuit and other particulars specific to the particular case. Your lawyer can estimate the amount of time it will take for your FELA claim to be processed. Another factor that can affect the time frame 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 is a significant aspect in your case as it will allow you to receive the most compensation possible. In certain cases in the event that you fail to receive medical evidence promptly, your claim may be barred by the statute of limitations. The final aspect that can influence the length of the FELA case is how quickly you and your employer can negotiate a fair settlement. In some instances your lawyer might be capable of settling your FELA claim without going to trial. This can be achieved through alternative dispute resolution options like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some workers may fear that filing a FELA claim will negatively impact their relationship with their employer. But, it is important to be aware that FELA laws prohibit employers from retaliating against employees who make claims. FELA claims also bypass limitations on benefits set forth by the laws governing workers' compensation which allows railroad workers injured to receive monetary damages for their suffering and pain. Your attorney must draft a complaint before you can make a FELA suit. This document outlines the claims you have against your employer. After your attorney has filed the complaint, the respondent has the option of responding to the allegations and outline any defenses they may have. This could be a lengthy process as your attorneys need to conduct thorough investigations into workplace safety practices and collect evidence to support your claims. What happens if I don't get an agreement? FELA cases allow injured railroad workers to seek compensation for medical expenses, lost wages and pain and suffering. Railroad workers earn more than blue-collar employees in other industries. Thus, their FELA awards are higher. It is not unusual for FELA cases to settle for large amounts 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 whether you are eligible to claim damages. If you have a valid case, your lawyer will assist you in completing the necessary documents and conducting thorough investigations into the accident and your employer's reaction to your claim. Your lawyer will then file an offer of damages to your company once the investigation has been completed. Your employer will then be able to decide to settle the case, or proceed with an investigation. Trials can be costly and time-consuming, which is why the majority of FELA cases are settled before they reach the court. During this period, you and your attorney will take medical records and other evidence to highlight the severity of your injuries. Your lawyer will also look for witnesses who can be witnesses on your behalf. You may also decide to pursue legal financing, which will provide funds based on the settlement you're hoping to receive. Unlike personal loans from banks and credit unions, 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 give you a quote 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 If fela railroad settlements lose my case? Depending on how severe your injury is, you may need to undergo medical treatment for some time before you are able to settle. Your lawyer will collect evidence as you wait for a settlement including medical records that prove the extent of your injuries, as well as witness testimony to prove your claim. If needed your lawyer can help you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses while you wait for a full settlement. A lot of FELA cases settle prior to trial, since both sides are usually driven by the desire to avoid costly and risky court proceedings. However, appeals can cause delays in the case at different stages, and even after the verdict has been handed down. It is always possible to contact a railroad injury lawyer for more information in these situations. What happens if my case is lost? Railroad workers who have been injured usually receive a substantial settlement from their employers, as they are entitled to claim compensation 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 more compensation for economic damages. It's important to realize that a settlement may take a long time. This is because FELA cases often have several interconnected steps, including litigation and discovery. If one of the parties files a appeal, it could result in lengthy delays. During this period attorneys will be able to gather evidence, such as medical records or documents which highlight the severity of injury. They can also look for witnesses to be witnesses on their behalf. If the injured worker requires additional financial help during this process, they can explore financing options, such as a pre-settlement legal funding loan. A pre-settlement funder will review the situation, as other aspects, to determine what they are able to offer. This is unlike a personal loan that requires an examination of credit and a review of financial history. Contact an FELA claim attorney today for more details on how to begin.