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How Long Do FELA Lawsuits Take to Process? FELA lawsuits that have been in existence for more than 100 years, have kept railroad workers safe in some of the most hazardous places of work. FELA settlements and trial awards can include compensation for medical expenses as well as lost wages and pain and discomfort. Unlike workers' comp cases, FELA allows recovery of non-economic damages, such as suffering and pain. This is the reason FELA cases are usually awarded with large jury verdicts. How long does a FELA lawsuit take? Many factors can influence the time it takes to process the FELA case. For instance, whether the case is filed in a state or federal court, how much time is between an injury and when the lawsuit is filed, and other specific details of the case may influence the time required to reach a settlement. Your lawyer can provide you with an estimate of the time it will take to process your specific FELA claim. Another factor that may impact the time frame a FELA case is the speed in which you can gather medical evidence that supports your injury claim. This is a significant aspect in your case as it can help you receive the maximum amount of compensation possible. In certain 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 affect the duration of a FELA case is how quickly you and your employer reach a fair settlement. In certain cases both you and your lawyer may be able settle your FELA case without going to court. This is possible through alternative dispute resolution options like mediation and negotiated settlements. Arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who submit an FELA claim. In addition, FELA claims bypass the limitations on benefits imposed by workers' comp laws and permit railroad workers injured by injuries to claim monetary compensation for pain and suffering. To make a FELA lawsuit your lawyer must draft the complaint. The complaint outlines the allegations you have against your employer. After your lawyer file the complaint, the company will have the opportunity to respond and provide any defenses. This can be a lengthy procedure as your lawyers need to conduct thorough investigations into workplace safety practices and collect proof in support of your assertions. What is the outcome if I don't receive a settlement proposal? FELA cases allow railroad workers who are injured to seek compensation for medical expenses, lost wages, and pain and suffering. Because railroad workers generally earn much more than blue-collar workers working in other industries so their FELA payouts tend to be higher. It is not uncommon for FELA cases to settle for large sums of money. Contacting an experienced attorney is the first step in filing an FELA suit. An attorney will review the circumstances surrounding your accident and determine whether you have a valid claim for damages. If you have a valid case, your lawyer will assist you in filing the necessary paperwork and conducting thorough investigation into the accident and your employer's reaction to your claim. After the investigation is concluded your lawyer will send a claim for damages to your employer. Your employer will then be able to agree to a settlement, or go ahead with a trial. Trials are costly and time-consuming, which is why the majority of FELA cases are settled before reaching court. During this time the attorney and you will collect medical records, as well as other evidence to show the severity of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. In addition, you can opt 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, pre-settlement legal financing does not require a lengthy credit check or review of your financial history. A pre-settlement funding company will examine your application and offer you a quotation detailing the terms and conditions of the loan. If you agree to the quote, you can receive thousands of dollars before your case closes. What happens when I lose my case? Depending on fela railroad accident lawyer of your injury is, you may need to undergo medical treatment for some time before a settlement is reached. Your lawyer will collect evidence while you are waiting for a settlement, including medical records that show the severity of your injuries as well as witness testimony to prove your claim. If necessary your lawyer can help you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses until you receive the final settlement. Many FELA cases settle before going to trial, as both sides are usually driven to avoid costly and risky court action. However, appeals can result in delays at different points in the case, and often after a verdict is rendered. In these cases you can always contact an attorney representing railroad accidents for additional guidance. What happens if my case gets lost? Railroad employees who have been injured receive a substantial settlement from their employer, since they are entitled to claim for medical expenses, lost wages, and discomfort and pain. Railroad workers also earn more than blue-collar employees and have a greater cost of living. This means that they are entitled to a higher amount for economic losses. It's important to realize that a settlement can take some time. This is because FELA lawsuits typically involve a number of different steps, including litigation and discovery. In addition, if one of the parties file an appeal, it could cause long delays in the case. During this period, the attorney can gather evidence such as medical records and documents which highlight the severity of injury. They can also look for witnesses to provide testimony on their behalf. If the injured worker requires additional financial help during the process, they could explore financing options, such as a pre-settlement legal funding loan. A legal funding company that is pre-settlement analyzes the case and other factors to determine the amount they can offer in a loan. This is different from a personal loan, which requires a credit check and financial history. For more details on how to start, contact a skilled FELA claim lawyer today.