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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements and trial awards can include compensation for medical expenses, lost wages, and pain and discomfort. In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as pain and suffering. This is why FELA cases are typically recognized with significant jury verdicts. How long will a FELA lawsuit take? Many factors can influence the time it takes to settle the FELA case. The length of time to settle a case will depend on a variety of factors such as whether the case was filed in a federal court or a state court, the length of time between the time of injury and the filing of the lawsuit, and other specifics to the case. Your attorney can estimate the time required to process your FELA claim to be processed. The speed at which you can collect medical evidence to support your claim for injury could impact the length of an FELA lawsuit. This can be a crucial element in your case since it can help you receive the most compensation that you are entitled to. In some instances, your claim could be denied if you fail to get medical proof within a specified time. The last factor that could affect the duration of the FELA lawsuit is the speed at which your employer and you can come to a fair settlement. In certain situations the lawyer you choose to work with may be capable of settling your FELA claim without having to go to trial. This can be done by using alternative dispute resolution methods such as mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could affect the relationship they have with their employer. It is important to remember that FELA prevents employers from retaliating towards employees who make a FELA claim. FELA claims also bypass limitations on benefits imposed by the laws governing workers' compensation which allow railroad workers who are injured to receive compensation for their pain and suffering. To file a FELA lawsuit the attorney you hire must prepare a complaint. This document outlines your claims against your employer. After your attorney file the complaint, the respondent is given the opportunity to respond and explain any defenses. This can be a long process since your lawyers will have to conduct thorough investigations into workplace safety practices and gather evidence to support your assertions. What happens if I do not receive a settlement offer? In FELA cases railroad workers injured in FELA cases can seek compensation for past, future and current medical expenses, lost wages, and pain and suffering. Since railroad workers typically earn significantly higher than blue-collar employees in other industries so their FELA awards are typically higher. It is not unusual to see FELA cases to settle for large sums of money. An experienced attorney should be the first step to filing a FELA suit. An attorney will review the details of your accident to determine if you can file a claim for damages. If you have a valid claim your lawyer will assist you prepare the proper paperwork and conduct thorough investigation into your accident and the response of your employer to your claim. Your lawyer will then make an offer of damages to your company after the investigation is completed. Your employer can then accept a settlement or go through the process of trial. Trials can be costly and time-consuming, which is the reason the majority of FELA cases are settled before going to the courtroom. During this time the attorney and you will take medical records as well as other evidence to demonstrate the severity of your injuries. Your lawyer will also search for witnesses who are willing to provide testimony on your behalf. You may also decide to pursue legal financing which can offer funds contingent on the settlement you're expecting. Unlike personal loans from credit unions and banks legal pre-settlement funding does not require a thorough credit check or review of your financial history. A pre-settlement funder will review your request and give you a quote that outlines the terms and conditions of the loan. The decision to accept the quote could result in you receiving a large sum of money prior to the closing of the case. What happens if I don't succeed in my case? Depending on the severity of your injury is, you may require medical attention for some time before a settlement is reached. Your lawyer will gather evidence while you wait for a settlement including medical records that demonstrate the severity of your injuries as well as testimony from witnesses to validate your claim. If needed your lawyer can help you obtain pre-settlement legal funds to cover ongoing treatment and living expenses while you wait for an all-inclusive settlement. A lot of FELA cases are settled prior to trial because both sides wish to avoid costly and risky court actions. However, appeals can result in delays at different points in the case, and sometimes after a verdict is rendered. It is always possible to contact an attorney who handles railroad accidents for more details in these situations. What happens if I lose my case? Injured railroad workers typically receive a substantial amount of compensation from their employers, as they are entitled to make claims for medical expenses, lost wages, and pain and suffering. In addition, railroad workers earn much more than blue-collar employees and have an increased cost of living which means they are able to be compensated for more substantial economic losses. It is important to recognize that it may take a long some time to reach a settlement. This is due to the fact that FELA lawsuits usually involve multiple different steps, including litigation and discovery. In addition, if one of the parties files an appeal, it can cause long delays in the case. During this time the attorney can gather evidence such as medical records and documents that highlight the severity of the injury. They can also seek out witnesses who will testify in their behalf. If the injured person requires additional financial support during this procedure, he or she may also seek financing options, such as a legal funding loan before settlement. A pre-settlement legal fund company looks at the case and other factors to determine the amount they are able to offer in a loan. This is different from a personal loan, which requires a credit check and financial history. For fela lawsuits on how you can begin, talk to a skilled FELA claim lawyer today.