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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 secure in some of the most dangerous workplaces. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages, pain and suffering. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases typically result in large verdicts by juries. How long will a FELA case take? Many factors can impact the time it takes to settle the FELA case. For instance, whether the case is filed in a federal or state court, how much time is between an injury and the time the lawsuit is filed and other specific aspects of the case may influence the time it takes to receive an agreement. Your lawyer can provide you with an estimate of how long it will take to process your particular FELA claim. The speed at which you can collect medical evidence to support your claim for injury could affect the duration of an FELA lawsuit. This could be a critical factor for your case because it can help you receive the most compensation that you are entitled to. In some cases in the event that you fail to receive medical evidence promptly your claim could be denied due to a statute of limitations. The final aspect that can determine the duration of the FELA case is how quickly you and your employer are able to come to an equitable settlement. In some instances both you and your lawyer might be able to settle your FELA case without having to go to court. This is possible by using alternative dispute resolution methods like mediation and negotiated settlements. Arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA complaint will negatively impact the relationship they have with their employer. It is nevertheless important to know that FELA laws prohibit employers from taking retaliatory action against employees who make a claim. FELA claims also bypass the limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive compensation for their suffering and pain. Your attorney must draft a complaint prior to when you can start a FELA suit. This document outlines the claims you have against your employer. After your lawyer files the complaint, the company will be given the chance to respond and explain any defenses. This can be a lengthy process, since your lawyers will have to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim. What happens if I don't get an agreement? In FELA cases railroad workers injured in FELA cases are entitled to compensation for past, future and current medical expenses, lost wages and the pain and suffering. Since railroad workers typically earn more than blue-collar workers in other industries and professions, their FELA awards tend to be more substantial. It is not uncommon to see FELA cases to settle for large amounts of money. A professional attorney is the first step towards filing a FELA suit. An attorney will go over the details of your accident to determine whether you are eligible to claim damages. If you have a valid claim the lawyer will assist you in completing the required documents and conducting thorough investigations into the accident and employer's reaction to your claim. Once the investigation is complete, your attorney will send a claim for damages to your employer. Your employer can then agree to a settlement, or proceed with an investigation. Trials can be expensive and lengthy, which is why most FELA cases are settled before going to court. During this time, you and your lawyer will gather medical records and other evidence that show the extent of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. You can also opt to pursue legal financing which can provide funds contingent on the settlement you expect. In contrast to personal loans from banks and credit unions, legal pre-settlement funding does not require an extensive credit check or review of your financial history. After looking over your application, a legal funding company can provide you with a quote which outlines the conditions and terms of your loan. If you accept the quote, you can receive thousands of dollars before your case has closed. What happens if I don't win my case? Depending on how serious your injury is, you may need to undergo medical treatment for some time before a settlement is reached. Your lawyer will gather evidence while you wait for a settlement including medical records that show the extent of your injuries, as well as witness testimony to prove your claim. fela railroad accident lawyer may be able to assist you get pre-settlement funding to cover your ongoing medical treatment and living expenses while you wait for a final settlement. Many FELA cases are settled prior to trial due to the fact that both sides want to avoid costly and risky court actions. However, appeals can lead to delays in the case at various stages, and even after a verdict has been returned. In these instances you are able to contact an attorney who handles railroad injuries for additional guidance. What happens if I lose my case? Injured railroad workers typically receive a substantial settlement from their employers, since they are entitled to make claims for medical expenses, lost wages, and suffering. In addition, railroad employees make more than blue-collar employees, and have a higher cost of living, which means they can be compensated for more substantial economic losses. It is important to realize that it may take a long time to obtain a settlement. This is because FELA cases usually involve multiple interconnected 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 period, the attorney may gather evidence, including medical records and documents that show the severity of the injury. They may also search for witnesses who can testify on their behalf. If the injured worker requires additional financial assistance during this process, he or she can also pursue financing options, such as a legal financing loan prior to settlement. A pre-settlement legal fund company examines the case as well as other factors to determine the amount they can provide in a loan. This is unlike personal loans, which requires a credit check and review of financial background. For more information on how to get started, speak with a skilled FELA claim lawyer today.