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How Long Do FELA Lawsuits Take to Process? FELA lawsuits, which have been around for more than a hundred years, have helped keep railroad workers safe at some of the most hazardous places of work. FELA settlements and trial awards can include compensation for medical costs, lost wages, and pain and discomfort. In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as pain and suffering. This is why FELA cases usually result in large jury verdicts. How long does a FELA case take? There are a variety of factors that influence how long it takes to settle a FELA claim. For example whether the case is filed in federal or state court, the amount of time that passes between the time an injury occurs and when the lawsuit is filed, and other specific details of the case may affect the length of time it takes to receive an agreement. Your attorney can help you estimate the time required to process your FELA claim to be processed. The speed at which you can gather medical evidence to back your injury claim could impact the duration of a FELA lawsuit. This could be a crucial factor in your case, as it can help you get the maximum amount of compensation. In certain situations when you fail to get medical proof in a timely manner your claim could be denied due to the statute of limitations. The final aspect that can influence the duration of the FELA case is the speed at which you and your employer can reach an acceptable settlement. In some instances the lawyer you choose to work with may be able to settle your FELA claim without having to go to trial. This can be accomplished through alternative dispute resolution techniques like mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could negatively impact their relationship to their employer. It is important to note that FELA prevents employers from retaliating against employees who file an FELA claim. In addition, FELA claims bypass the limits on benefits provided by workers' comp laws and allow railroad workers who are injured to seek compensation for pain and suffering. To start a FELA lawsuit your lawyer must draft an official complaint. The document will outline 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 have. This can be a lengthy procedure as your lawyers must conduct thorough investigations into workplace safety practices and gather proof in support of your assertions. What happens if I don't get a settlement? In FELA cases railroad workers injured in FELA cases can recover damages for past, future and current medical expenses, lost wages, and pain and suffering. Railroad workers earn more than other blue-collar workers from other industries. Therefore, their FELA payouts are more. As a result, it is not unusual to see an FELA case to settle for large amounts of money. The first step to file the FELA lawsuit is to contact an experienced attorney. An attorney will go over the details of your accident to determine whether you are eligible to make a claim for damages. If you have a valid claim, your lawyer will assist you to complete the necessary documents and conduct thorough investigations into the accident and your the response of your employer to your claim. After the investigation has been completed the attorney will then make a claim for damages to your employer. Your employer will then either accept a settlement or go through the process of an appeal. fela lawsuits can be costly and time consuming, so most FELA cases are settled before they reach court. During this period you and your attorney will gather medical records, as well as other evidence to highlight the severity of your injury. Your lawyer will also look for witnesses who are willing to be able to testify on your behalf. In addition, you can opt to pursue legal funding which could provide you with funds in accordance with the settlement you are planning to receive. In contrast to personal loans from credit unions and banks pre-settlement legal funding does not require a thorough credit check or analysis of your financial history. After looking over your application, a pre-settlement legal financing company will give you a quotation that highlights the conditions and terms of your loan. Accepting the quote could result in you receiving thousands of dollars prior to the closing of the case. What happens if I don't succeed in my case? You may need to receive medical treatment for a period of time, based on the severity of your injury. While you wait for a resolution, your lawyer will collect evidence, such as medical records that highlight the severity of your injuries and evidence from witnesses who can validate your claim. Your lawyer may be able to assist you get pre-settlement funding to pay for your ongoing treatment and living expenses while you wait for a final settlement. Many FELA cases settle before going to trial, because both sides are usually driven by the desire to avoid costly and risky court proceedings. However, appeals can cause delays in the case at various stages, and sometimes after the verdict has been handed down. You can always contact an attorney for railroad injuries for more information in these situations. What happens if my case gets lost? Railroad employees who have been injured receive a large settlement from their employer, since they have the right to claim medical expenses, lost wages, and pain and discomfort. In addition, railroad workers have a higher income than blue-collar employees, and have a higher cost of living, which means they can be compensated for more substantial economic losses. It is important to understand that settling a case can take some time. This is because FELA lawsuits often involve several overlapping steps such as discovery and litigation. If one of the parties files a appeal, it could cause lengthy delays. During this time, the attorney can collect evidence, such as medical records and documents that highlight the severity of the injury. They may also search for witnesses who will testify on their behalf. If the injured person requires additional financial assistance during this procedure, he or she could also look into financing options, including a legal loan prior to settlement. A pre-settlement legal fund company analyzes the case as well as other factors to determine how much they can offer in a loan. This is different from a personal loan which requires a credit review and financial history. Contact a FELA claim attorney today to learn more about how to get started.