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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most hazardous workplaces. FELA settlements or trial awards may include compensation for medical expenses, lost wages and pain and suffering. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages like pain and suffering. This is the reason FELA cases are typically recognized with significant jury verdicts. How long does a FELA lawsuit take? Numerous factors can affect the length of time required to process the FELA case. The time it takes to settle a claim will depend on a variety of factors depending on whether the case was filed in a federal or state court, the length of time that passed between the time of injury and the filing of the lawsuit, and other specifics to the case. Your attorney can help you estimate the amount of time it will take for your FELA claim to be processed. The speed at which you can gather medical evidence to back your injury claim may also impact the duration of an FELA lawsuit. This could be an important element in your case because it will help you receive the maximum amount of compensation. In some cases in the event that you fail to obtain medical evidence promptly, your claim may be denied due to a statute of limitations. The final factor that can influence the length of the FELA lawsuit is the speed at which your employer and you can reach a fair deal. In some instances, you and your lawyer could be able to settle your FELA case without going to court. This can be accomplished through alternative dispute resolution techniques such as mediation arbitrage, negotiated agreements or mandatory settlement conferences. Some workers might be worried that filing a FELA complaint could negatively impact their relationship with their employer. It is important to remember that FELA prohibits employers from retaliating towards employees who submit an FELA claim. Additionally, FELA claims bypass the limits on benefits set 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 the complaint. The document will outline the claims you have against your employer. After your lawyer submits the complaint, the employer will be given the chance to respond and provide any defenses. This can be a long procedure, as your attorney must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What is the outcome if I don't receive a settlement? In FELA cases, injured railroad workers can recover damages for past, future and current medical expenses, lost wages and the pain and suffering. Railroad workers are paid more than blue-collar workers in other industries. This means that their FELA payouts are more. Therefore, it is not unusual to see the parties in a FELA case to settle for large amounts of money. The first step to file a FELA lawsuit is to contact an experienced attorney. An attorney will examine the details of your accident to determine whether you are eligible to claim damages. If you have a valid claim the lawyer will assist you in completing the required paperwork and conducting thorough investigation into the accident and your employer's response to your claim. After the investigation has been completed, your attorney will send a claim for damages to your employer. Your employer may then agree to a settlement, or pursue a trial. Trials are expensive and time-consuming, therefore the majority of FELA cases are settled before they reach court. During this period you and your attorney will take medical records and other evidence that highlight the seriousness of your injuries. fela claims will also search for witnesses who can be witnesses on your behalf. In addition, you may decide to pursue legal funding, which can provide you with money in accordance with the settlement you are planning to receive. Contrary to personal loans offered by banks and credit unions, legal pre-settlement funding does not require a lengthy credit check or a review of your financial history. A pre-settlement financing company will examine your application and provide you with a quote that outlines the terms and conditions of the loan. If you accept the quote, it could result in you receiving thousands of dollars before the case is concluded. What happens if I don't succeed in my case? You may require medical treatment for a certain amount of time, depending on the degree of your injury. Your lawyer will collect evidence as you wait for a settlement, including medical records that demonstrate the severity of your injuries and witness testimony to prove 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 the final settlement. A lot of FELA cases settle before going to trial, as both sides are usually motivated to avoid expensive and risky court action. However, appeals can cause delays in the case at different stages, and even after a verdict has been returned. In these situations, you can always contact an attorney representing railroad accidents for further advice. What happens if I lose my case? Injured railroad employees receive a substantial settlement from their employer, as they are entitled to claim medical expenses, lost wages as well as pain and discomfort. In addition, railroad employees make more than blue-collar workers and have higher costs of living, which means they can be compensated for greater economic damages. It is important to understand that it may take a long time to settle. This is due to the fact that FELA lawsuits usually involve multiple interconnected steps like litigation and discovery. Furthermore, if one the parties files an appeal, it could cause long delays in the case. During this time, the attorney can collect evidence, such as medical records and documents that show the extent of the injury. They can also look for witnesses who will testify on their behalf. If the injured worker requires additional financial support during this process, he or she can also pursue financing options, including a legal loan prior to settlement. A pre-settlement legal fund company analyzes the case and other factors to determine how much they can offer in the form of a loan. This is different from a personal loan that requires a credit review and financial history. Contact a FELA claim attorney today to learn more about how to get started.