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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 and trial awards can include compensation for medical expenses, lost wages, and pain and discomfort. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases are often rewarded with substantial jury verdicts. How long will a FELA lawsuit take? There are many variables that determine how long it takes to process a FELA claim. For example whether the case is filed in a federal or state court, how long passes between the time an injury occurs and when the lawsuit is filed, and other specific details of the case could affect the length of time required to reach a settlement. Your attorney can give you an estimate of how long it will take to process your particular FELA claim. The speed at which you gather medical evidence to support your injury claim may also determine the duration of a FELA lawsuit. This can be a crucial factor for your case because it can allow you to get the highest amount of compensation you can get. In some cases claims, you could be denied if it isn't possible to get medical proof within a specified time. The last factor that could influence the length of the FELA lawsuit is how quickly your employer and you can reach a fair agreement. In some instances, your lawyer may be capable of settling your FELA claim without having to go to trial. This can be accomplished by using alternative dispute resolution methods like mediation and negotiated settlements. Arbitration or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could affect their relationship to their employer. However, it is crucial to be aware that FELA laws prohibit employers from taking retaliatory action against employees who make an FELA claim. In addition, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow injured railroad workers to recover monetary damages for pain and suffering. Your attorney must draft a complaint prior to when you can make a FELA suit. This document outlines your claims against your employer. After your attorney file the complaint, the company will have the opportunity to respond and provide any defenses. This could be a lengthy process, since your lawyers must conduct thorough investigations into workplace safety practices and gather evidence in support of your claim. What happens if I don't get a settlement? FELA cases allow railroad workers who are injured to seek compensation for future and past medical expenses, lost wages, and suffering and pain. Because railroad workers generally earn higher than blue-collar employees in other industries so their FELA awards tend to be more substantial. It is not uncommon for FELA cases to settle for large amounts of money. The first step in submitting an FELA lawsuit is to contact an experienced attorney. An attorney will review the details of your accident to determine if you are able to claim damages. If you have a valid claim the lawyer will assist you in filing the necessary paperwork and conducting thorough investigation into the incident and employer's reaction to your claim. Once the investigation is complete, your attorney will make a claim for damages to your employer. Your employer can then agree to a settlement or go through the process of a trial. Trials can be costly and time-consuming, therefore most FELA cases are settled prior to going to court. During this time you and your attorney will take medical records and other evidence to highlight the severity of your injury. 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 will provide funds in accordance with the settlement you're hoping to receive. Contrary to personal loans offered by credit unions and banks, pre-settlement legal funding does not require a lengthy credit check or review of your financial history. After reviewing your application, a legal financing company will provide you with a quote which outlines the conditions and terms of your loan. The decision to accept the quote could result in you receiving thousands of dollars before the case is concluded. What happens if I lose my case? You may need to receive medical treatment for a certain amount of time, depending on the severity of your injury. While you wait for a resolution your lawyer will gather evidence, such as medical records that demonstrate the extent of your injury as well as testimony from witnesses who can confirm your claim. If railroad injury fela lawyer can assist you obtain pre-settlement legal funding to pay for ongoing medical 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 want to avoid costly and risky court actions. However, appeals can lead to delays in the case at various stages, and even after the verdict has been delivered. In these cases, you can always seek out a railroad injury attorney to get additional advice. What happens if my case gets lost? Injured railroad employees receive a substantial amount from their employer, as they are entitled to claim medical expenses, lost wage as well as pain and discomfort. In addition, railroad workers have a higher income than blue-collar employees, and have a higher cost of living which means they are able to be compensated for more significant economic losses. It's important to recognize that settling a case can take a long time. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. If one of the parties files a appeal, it could create lengthy delays. During this time, attorneys can collect evidence, such as medical records and documents that show the extent of the injury. They can also search for witnesses to testify on their behalf. If the injured worker requires financial assistance during this process, they may pursue financing options such as the pre-settlement legal financing loan. A legal funding company that is pre-settlement examines the case along with other aspects to determine how much they are able to offer in the form of a loan. This differs from a personal loan, which requires a credit review and financial history. Speak to an FELA claim attorney today for more details about how to get started.