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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 work environments. FELA settlements and trial awards can include compensation for medical expenses as well as lost wages and discomfort and pain. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic losses, like pain and suffering. This is the reason FELA cases are usually rewarded with substantial jury verdicts. How long does a FELA lawsuit take? Numerous factors can affect the length of time required to settle a FELA case. For instance, whether the case is filed in federal or state court, how much time passes between an injury and when the lawsuit is filed, and other specific details of the case could affect the length of time required to reach an agreement. Your attorney can provide an estimate of the time it will take to settle your particular FELA claim. The speed at which you gather medical evidence to back your injury claim may also impact the length of a FELA lawsuit. This is a significant element in your case since it can help you receive the maximum amount of compensation that you are entitled to. In certain situations in the event that you fail to get medical proof promptly the claim could be barred by a statute of limitations. The final aspect that can determine the length of a FELA case is how quickly you and your employer are able to reach an equitable settlement. In some instances, you and your lawyer might be able to settle your FELA case without having to go to court. This can be done by using alternative dispute resolution methods such as mediation or negotiated agreements, arbitration, or mandatory settlement conferences. Some employees may be concerned 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 taking retaliatory action against employees who make an FELA claim. Additionally, FELA claims bypass the limits on benefits set by the laws governing workers' compensation and allow railroad workers who are injured to seek compensation for pain and suffering. Your attorney must draft a complaint before you can file a FELA suit. This document details your rights against your employer. Once your attorney has filed the complaint, the party who is responding has the opportunity to respond to the allegations and provide any defenses they have. This can be a long procedure as your lawyers must conduct thorough investigations into workplace safety practices, and gather proof in support of your claims. What is the outcome if I don't receive an agreement? In FELA cases railroad workers injured in FELA cases are entitled to compensation for past, future, and current medical expenses, lost wages and pain and suffering. Railroad workers are paid more than blue-collar workers in other industries. Therefore, their FELA awards are higher. It is not unusual to see FELA cases to settle for large amounts of money. A professional attorney is the first step towards filing an FELA suit. An attorney will go over the details of your accident to determine if you are able to make a claim for damages. If you have a valid claim your lawyer will assist you in completing the necessary paperwork and conducting thorough investigation into the incident and employer's response to your claim. After the investigation is concluded, your attorney will make a claim for damages to your employer. Your employer will then either agree to a settlement or proceed to trial. Trials are expensive and time consuming, so the majority of FELA cases are settled before they reach the court. During this time the attorney and you will gather medical records, as well as other evidence to highlight the severity of your injury. Your lawyer will also look for witnesses who can provide testimony on your behalf. You could also choose to pursue legal financing which can provide funds in accordance with the settlement you expect. Unlike fela attorneys 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 detailing the terms and conditions of the loan. If you accept the quote you could receive thousands of dollars before your case closes. What happens when I lose my case? You may need to receive medical treatment for a period of time, based on the extent of your injury. Your lawyer will collect evidence while you wait for a settlement, including medical records that prove the extent of your injuries, as well as witness testimony to prove your claim. Your lawyer might be able to help you get pre-settlement funding in order to pay for your ongoing treatment and living costs while you wait for a final settlement. Many FELA cases are settled before trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays in the case at various stages, and even after the verdict has been delivered. In these instances, you can always contact a railroad injury attorney for further advice. What happens if my case gets lost? Injured railroad employees receive a large settlement from their employers, since they are entitled to claim medical expenses, lost wage, and discomfort and pain. Railroad workers also earn more than blue-collar employees and have a much higher cost of living. This means that they can be compensated more for economic losses. However, it's important to realize that it may take a long time to settle. This is because FELA lawsuits usually involve multiple overlapping steps such as litigation and discovery. If one of the parties files a appeal, it could create long delays. During this time the attorney will be able to collect evidence such as medical records and documents which highlight the severity of an injury. They may also search for witnesses who can testify on their behalf. In addition, if the injured worker requires additional financial assistance during the process, they could look into financing options like the pre-settlement legal financing loan. A legal funding company that is pre-settlement looks at the case and other factors to determine the amount they can offer in the form of a loan. This differs from a personal loan, which requires an examination of credit and a review of financial background. For more details on how you can begin, talk to a skilled FELA claim lawyer today.