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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 helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards can include the payment of medical expenses, lost wages and suffering and pain. Unlike workers' compensation cases, FELA allows for recovery of non-economic losses, like pain and suffering. This is the reason FELA cases usually result in significant jury verdicts. How long does a FELA lawsuit take? There are a myriad of factors that influence how long it takes to settle an FELA claim. The time it takes to settle a case is influenced by a variety of factors such as whether the case was filed in a federal or state court, the amount of time between the time of injury and the filing of the lawsuit, and other particulars specific to the particular case. Your attorney can give you an estimate of the time it will take to complete your specific FELA claim. The speed at which you gather medical evidence to back your claim for injury could determine the length of an FELA lawsuit. This could be a critical factor for your case because it can allow you to get the highest amount of compensation you can get. In certain cases in the event that you fail to get medical proof promptly your claim could be barred by a statute of limitations. The last factor that can affect the length of the FELA case is the speed at which you and your employer reach an acceptable settlement. In certain cases the lawyer and you could be able to settle your FELA case without going to court. This can be accomplished 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. It is important to remember that FELA prevents employers from retaliating towards employees who make an FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by the laws governing workers' compensation and allow injured railroad workers to recover monetary damages for pain and suffering. To start a FELA lawsuit, your attorney must prepare a complaint. The document will outline the claims you have against your employer. After your lawyer files the complaint, the employer will be given the chance to respond and explain any defenses. This can be a long procedure as your lawyers must conduct thorough investigations into workplace safety practices and collect proof in support of your claims. What is the consequence if I don't win an agreement? FELA cases allow railroad workers who are injured to seek compensation for past and future medical expenses, lost wages, and pain and suffering. Since railroad workers generally earn much higher than blue-collar employees in other industries so their FELA payouts tend to be more substantial. It is not uncommon to see FELA cases to settle for large amounts of money. The first step in submitting an FELA lawsuit is to reach out to an experienced attorney. An attorney will analyze the circumstances surrounding your accident and determine whether you have a valid claim for damages. If you have a valid claim your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the accident and your employer's reaction to your claim. After the investigation has been completed your lawyer will send a claim for damages to your employer. Your employer will then either agree to a settlement, or proceed to a trial. Trials are costly and time consuming, so the majority of FELA cases are settled before reaching the court. During this period you and your attorney will take medical records and other evidence that show the severity of your injuries. Your lawyer will also search for witnesses who can testify on your behalf. In addition, you can decide to pursue legal funding, which can provide you with money based on your projected settlement. Legal Funding for Pre-settlement does not require a credit check or review of your financial history. After looking over your application, a pre-settlement lawful financing company will offer you a quote that highlights the conditions and terms of the loan. The decision to accept the quote could result in you receiving a large sum of money before the case is closed. What happens if I don't win my case? You may need to receive medical treatment for a period of time, depending on the severity of your injury. Your lawyer will collect evidence as you are waiting for a settlement, including medical records that prove the severity of your injuries as well as witness testimony to prove your claim. Your lawyer might be able to assist you receive pre-settlement financing to pay for your ongoing medical treatment and living expenses 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 lead to delays at different stages of the case, and often after a verdict is rendered. In these instances you can always reach out to an attorney representing railroad accidents for further advice. What happens if I lose my case? Railroad workers who have been injured usually receive an extensive settlement from their employers, since they are entitled to file claims for medical expenses, lost wages, and suffering and pain. Additionally, railroad workers have a higher income than blue-collar employees, and have higher costs of living and therefore can be compensated for more significant economic losses. It is important to recognize that it can take time to settle. This is due to the fact that FELA cases often have several different steps that are interspersed, like litigation and discovery. Additionally, if one of the parties file an appeal, it can cause long delays in the case. During this period, the attorney may gather evidence, including medical records as well as documents that highlight the severity of the injury. They can also search for witnesses to provide testimony on their behalf. If the injured worker needs additional financial assistance during this process, they may look into financing options like a pre-settlement legal funding loan. A pre-settlement financing company will look at the situation, as other aspects, to determine what they are able to provide. This is unlike personal loans which requires an examination of credit and a review of financial history. Speak to fela lawyers to learn more about how to get started.