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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages, suffering and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is why FELA cases often result in large verdicts by juries. How long does a FELA lawsuit take? There are many factors that influence how long it takes to process an FELA claim. For instance, whether the case is filed in federal or state court, how long is required between the time an injury occurs and when the lawsuit is filed, and other specifics of the case could affect the length of time it takes to receive a settlement. Your attorney can provide an estimate of how long it will take to process your particular FELA claim. The speed at which you can gather medical evidence to back your claim for injury could affect the length of the FELA lawsuit. This can be a crucial factor for your case because it can help you receive the most compensation you can get. In certain situations, if you do not get medical proof in a timely manner the claim could be barred by the statute of limitations. The last factor that can affect the length of the FELA case is how quickly you and your employer can reach a fair settlement. In certain situations, your lawyer may be able to settle your FELA claim without going to trial. This is possible through alternative dispute resolution options such as mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some employees may be worried that filing a FELA complaint could negatively impact their relationship with their employer. It is important to remember that FELA does not permit employers to retaliate towards employees who make a FELA claim. In addition, FELA claims bypass the limits on benefits provided by workers' comp laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering. To file a FELA lawsuit, your attorney must prepare an official complaint. fela accident attorney have against your employer. Once your attorney has filed the complaint, the respondent has the opportunity to respond to the allegations and outline any defenses they might have. This can be a long process since your lawyers will need to conduct thorough investigation into workplace safety practices, and gather proof in support of your claims. What happens if I do not get a settlement offer? In FELA cases, injured railroad workers can seek compensation for past, future and current medical expenses, lost wages and the pain and suffering. Railroad workers earn more than other blue-collar employees in other industries. This means that their FELA payouts are more. As a result, it is not uncommon for an FELA case to settle for substantial amounts of money. The first step to file an FELA lawsuit is to contact an experienced attorney. An attorney will analyze the details of your accident and determine whether you have a valid claim for damages. If you have a valid claim, your lawyer will help you prepare the proper paperwork and conduct thorough investigation into the incident and employer's response to your claim. Your attorney will then submit a claim for damages to your company once the investigation has been completed. Your employer will either accept a settlement or go through the process of a trial. Trials can be costly and time consuming, so the majority of FELA cases are settled before they reach the court. During this time, you and your attorney will collect medical records as well as other evidence to highlight the severity of your injury. Your lawyer will also search for witnesses who are willing to testify on your behalf. In addition, you may decide to pursue legal funding that can provide you with funds in accordance with the settlement you are planning to receive. In contrast to personal loans from credit unions and banks pre-settlement legal funding does not require a thorough credit check or a review of your financial history. A pre-settlement financing company will examine your application and provide you with a quote highlighting the terms and conditions of the loan. If you accept the quote you could receive thousands of dollars before your case closes. What happens if I don't win my case? You may need to receive medical treatment for a specific amount of time, based on the extent of your injury. While you wait for a resolution, your lawyer will gather evidence, such as medical records that show the severity of your injuries and evidence from witnesses who can validate your claim. Your lawyer may be able to assist 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 prior to trial because both sides wish to avoid costly and risky court actions. However, appeals can cause delays in the case at different stages, and sometimes after a verdict has been returned. It is always possible to contact an attorney who handles railroad accidents for more information in these cases. What happens if my case is lost? Injured railroad workers typically receive a substantial amount of compensation from their employers, since they are entitled to file claims for medical expenses, lost wages, and suffering and pain. Railroad workers also earn more than blue-collar workers and have a higher cost of living. This means they are entitled to a higher amount for economic damages. It is important to understand that a settlement may take a long time. This is due to the fact that FELA cases typically involve a number of different steps that are interspersed, like litigation and discovery. In addition, if one of the parties files an appeal, this can cause lengthy delays in the case. During this time, attorneys can gather evidence such as medical records and documents that highlight the severity of the injury. They can also look for witnesses to provide testimony on their behalf. Additionally, if the injured worker needs additional financial help during the process, they could look into financing options like an advance settlement legal funding loan. A pre-settlement legal fund company examines the case along with other aspects to determine how much they are able to offer in the form of a loan. This is different from a personal loan which requires a credit check and financial history. Speak to a FELA claim attorney today to learn more about how to start.