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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements and trial awards can include compensation for medical costs, lost wages, and pain and discomfort. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases are typically awarded with large jury verdicts. How long does a FELA lawsuit take? There are a variety of factors that affect the length of time it takes to resolve an FELA claim. The length of time to settle a claim will depend on a variety of factors, including whether the case was filed in a federal court or a state court, the length of time that passed between the date of injury and filing of the lawsuit and other specifics to the case. Your lawyer can estimate the amount of time it will take to process your FELA claim to be processed. Another factor that can affect the time frame a FELA case will be determined by how fast you can obtain medical evidence to support your claim for injury. This can be an important element in your case since it will allow you to get the most compensation. In some instances, your claim could be denied if you fail to get medical proof within a specified time. The final factor that can determine the duration of a FELA lawsuit is how quickly your employer and you can reach a fair agreement. 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 accomplished through alternative dispute resolution options such as mediation and negotiated settlements. Arbitration or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could negatively impact their relationship with their employer. However, it is important to know that FELA laws prohibit employers from punishing employees who make a claim. Additionally, FELA claims bypass the limits on benefits provided by workers' compensation laws and allow injured railroad workers to seek compensation for pain and suffering. Your attorney must draft a complaint prior to when you can make a FELA suit. This document outlines your claims against your employer. Once your lawyer has filed the complaint, the respondent has the opportunity to respond to the allegations and outline any defenses they have. This can be a lengthy process, since your lawyers must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What is the consequence if I don't win an agreement? FELA cases allow injured railroad workers to recover damages for future and past medical expenses, lost wages and suffering and pain. Railroad workers earn more than other blue-collar workers from other industries. This means that their FELA payouts are more. It is not uncommon to see FELA cases to settle for large amounts of money. An experienced attorney should be the first step to filing an FELA suit. An attorney will evaluate the circumstances surrounding your accident and determine if you have a valid claim to damages. If you have a valid claim the lawyer will assist you in filing the necessary paperwork and conducting thorough investigations into the accident and employer's reaction to your claim. Once the investigation is complete your lawyer will submit a request for damages to your employer. Your employer will either agree to a settlement, or go through the process of trial. Trials can be expensive and time-consuming, which is the reason most FELA cases settle before they get to court. During railroad injury fela lawyer 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 that can be able to testify on your behalf. You could also choose to pursue legal financing which can provide funds contingent on the settlement you're expecting. Legal Funding Presettlement does not require an assessment of your credit score or a review of your past financial history. After reviewing your application, a pre-settlement legal financing company will provide you with a quote that highlights the terms and conditions of your loan. The decision to accept the quote could result in you receiving a large sum of money before the case is concluded. What happens if I lose my case? You may require medical treatment for a certain amount of time, based on the degree of your injury. Your lawyer will collect evidence as you wait for a settlement including medical records that show the severity 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 the final settlement. A lot of FELA cases are settled before trial because both sides want to avoid costly and risky court actions. However, appeals can lead to delays in the case at different stages, and sometimes after the verdict has been handed down. In these cases, you can always seek out an attorney who handles railroad injuries for additional guidance. What happens If I lose my case? Railroad workers who are injured typically receive a substantial amount of compensation from their employers, because they are entitled to claim compensation for medical expenses, lost wages, and suffering. In addition, railroad workers earn much more than blue-collar employees, and have a higher cost of living, which means they can be compensated for greater economic losses. It's important to recognize that a settlement may take a long time. This is due to the fact that FELA lawsuits usually involve multiple overlapping steps such as discovery and litigation. Furthermore, if one the parties files an appeal, this can result in lengthy delays in the case. During this time, attorneys can collect evidence, such as medical records and other documents that show the extent of the injury. They may also search for witnesses who can testify on their behalf. Additionally, if the injured worker requires additional financial help during this process, they can explore financing options, such as an advance settlement legal funding loan. A pre-settlement legal funding company examines the case and other factors to determine the amount they are able to offer in a loan. This is different from the personal loan that requires the use of a credit report and an analysis of financial history. Speak to an FELA claim attorney today for more information about how to start.