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How Long Do FELA Lawsuits Take to Process? FELA lawsuits, which have been around for more than 100 years, have contributed to keeping railroad workers secure in some of the most dangerous workplaces. FELA settlements and trial awards could include compensation for medical costs as well as lost wages and discomfort and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases often result in significant verdicts by juries. How long does a FELA lawsuit take? Many factors can influence the length of time required to process a FELA case. For instance whether the case is filed in a state or federal court, how much time is between an injury and the time the lawsuit is filed, and other specific aspects of the case could influence the time it takes to receive an agreement. Your lawyer can estimate the amount of time it will take for your FELA claim to be processed. The speed at which you collect medical evidence to support your injury claim may also impact the length of a FELA lawsuit. This could be a crucial factor in your case, as it can help you get the most amount of compensation. In some cases in the event that you fail to get medical proof in a timely manner your claim could be denied due to the statute of limitations. The final factor that could determine the length of the FELA case is the speed at which you and your employer reach a fair settlement. In some cases the lawyer and you may be able settle your FELA case without going to court. This can be achieved through alternative dispute resolution options like mediation and negotiated settlements. Arbitration or mandatory settlement conferences. Some workers may fear that filing a FELA claim could affect their relationship with their employer. It is nevertheless important to know that FELA laws prohibit employers from punishing employees who make an FELA claim. Additionally, FELA claims bypass the limits on benefits provided by workers' comp laws and allow injured railroad workers to recover monetary damages for pain and suffering. To start a FELA lawsuit your lawyer must draft the complaint. This document outlines the claims you have against your employer. Once your attorney has filed the complaint, the respondent is able to respond to the allegations and outline any defenses they have. This can be a lengthy procedure, as your attorney will have to conduct thorough investigations of workplace safety practices and gather evidence in support of your claim. What is the outcome if I don't receive a settlement proposal? FELA cases allow injured railroad workers to recover damages for future and past medical expenses, lost wages, and pain and suffering. Because railroad workers generally earn higher than blue-collar employees in other industries so their FELA payouts tend to be higher. It is not unusual for FELA cases to settle for large sums of money. The first step in submitting the FELA lawsuit is to contact an experienced attorney. An attorney will review the details of your accident to determine if you are able to claim damages. If you have a valid claim your lawyer will help you prepare the proper paperwork and conduct thorough investigations into your accident and the response of your employer. Your lawyer will then make an offer of damages to your company once the investigation has been completed. fela claims railroad employees will then either accept a settlement or go through the process of a trial. Trials can be expensive and lengthy, which is why the majority of FELA cases settle before they get to court. During this time you and your attorney will gather medical records as well as other evidence to show the severity of your injuries. Your lawyer will also look for witnesses that can be able to testify on your behalf. Additionally, you could decide to pursue legal funding which could provide you with money in accordance with the settlement you are planning to receive. Pre-settlement Legal Funding does not require an assessment of your credit score or a review of your financial history. After reviewing your application, a pre-settlement legal funding company will give you a quotation that highlights the terms and conditions of your loan. If you agree to the quote you could be able to receive thousands of dollars before the case is closed. What happens when I lose my case? Depending on how serious your injury is, you might require medical treatment for a while before you are able to settle. Your lawyer will gather evidence while you wait for a settlement including medical records that show the severity of your injuries as well as testimony from witnesses to validate your claim. If needed, your lawyer may help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses until you receive a full settlement. Many FELA cases are settled before trial due to the fact that both sides wish to avoid costly and risky court proceedings. However, appeals may cause delays in the case at various stages, and sometimes even after the verdict has been handed down. In these instances you can always contact an attorney representing railroad accidents for additional guidance. What happens if my case is lost? Railroad workers who are injured typically receive a substantial settlement from their employers, as they have a right to file claims for medical expenses, lost wages and suffering. In addition, railroad workers make more than blue-collar workers and have an increased cost of living and therefore can be compensated for more substantial economic damages. It is important to realize that it can take some time to reach a settlement. This is due to the fact that FELA cases usually involve multiple overlapping steps, such as litigation and discovery. If one of the parties files an appeal, it could create lengthy delays. During this period attorneys will be able to collect evidence such as medical records and documents that highlight the severity of the injury. They can also seek out witnesses to be witnesses on their behalf. If the injured worker requires financial assistance in this procedure, he or she could also look into financing options, like a legal financing loan prior to settlement. A pre-settlement legal funding company examines the case along with other factors to determine the amount they are able to offer in a loan. This differs from a personal loan which requires the use of a credit report and an analysis of financial history. Talk to an FELA claim attorney today for more information on how to begin.