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How Long Do FELA Lawsuits Take to Process? FELA lawsuits are a common occurrence for more than a hundred years, have helped keep railroad workers safe at some of the most dangerous workplaces. FELA settlements and trial awards may include compensation for medical costs loss of wages, discomfort and pain. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases are often rewarded with substantial jury verdicts. How long will a FELA case take? There are a variety of variables that determine how long it takes to resolve a FELA claim. The time required to settle a case will depend on a variety of factors, including whether the case was filed in a federal or state court, the amount of time that passed between the injury and the filing of the lawsuit and other details specific to the case. Your attorney can give you an estimate of how long it will take to process your particular FELA claim. Another factor that can affect the amount of time the duration of a FELA case is how fast you can obtain medical evidence to support your claim for injury. This can be a crucial factor for your case because it can help you receive the highest amount of compensation you can get. In certain cases, if you do not get medical proof promptly the claim could be denied due to a statute of limitations. The last factor that can determine the duration of a FELA case is how quickly you and your employer can reach an equitable settlement. In some instances, your lawyer may be in a position to settle your FELA claim without going to trial. This is possible through alternative dispute resolution techniques such as mediation arbitrage, negotiated agreements or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim will 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. Additionally, FELA claims bypass the limits on benefits provided by the laws governing workers' compensation and allow injured railroad workers to recover monetary damages for pain and suffering. Your attorney must draft a complaint before you can file a FELA suit. This document outlines your claims against your employer. After your lawyer has filed the complaint, the respondent has the option of responding to the claims and outline any defenses they might have. This can be a long process, as your attorneys must conduct thorough investigations into workplace safety practices and gather evidence in support of your claim. What happens if I don't receive a settlement offer? FELA cases allow railroad workers who are injured to recover damages for past and future medical expenses, lost wages and suffering and pain. Because railroad workers generally earn significantly more than blue-collar workers in other industries, their FELA payouts tend to be more substantial. Therefore, it is not unusual to see the parties in a FELA case to settle for large amounts of money. Contacting an experienced attorney is the first step towards filing an FELA suit. An attorney will go over the details of your accident to determine if you can make a claim for damages. If you have a valid claim, your lawyer will assist you to file the appropriate paperwork and conduct thorough investigations into the incident and the response of your employer to your claim. Your lawyer will then make an offer of damages to your company once the investigation has been completed. Your employer can then accept a settlement or proceed to an appeal. fela lawsuits can be expensive and lengthy, which is why most FELA cases settle before they get to court. During this time the attorney and you will take medical records as well as other evidence to show the severity of your injuries. Your lawyer will also search for witnesses who can be witnesses on your behalf. In addition, you may decide to pursue legal funding that can provide you with money in accordance with the settlement you are planning to receive. In contrast to personal loans from credit unions and banks pre-settlement legal financing does not require an extensive credit check or review of your financial history. A pre-settlement financing company will review your application and offer you a quotation highlighting the terms and conditions of the loan. If you accept the quote, it could result in you receiving a large sum of money prior to the closing of the case. What happens when I lose my case? Depending on how serious your injury is, you may need to undergo medical treatment for a time before you can settle. Your lawyer will collect evidence while you wait for a settlement, including medical records that prove the severity of your injuries and witness testimony to prove your claim. Your lawyer might be able to help you obtain pre-settlement funds in order to pay for your ongoing medical treatment and living expenses while you wait for a full settlement. Many FELA cases are settled before trial because both sides wish to avoid costly and risky court actions. However, appeals may cause delays in the case at various stages, and sometimes even after a verdict has been returned. In these situations you are able to seek out an attorney who handles railroad injuries for additional guidance. What happens If I lose my case? Railroad workers who have been injured usually receive a substantial settlement from their employers, because they have a right to make claims for medical expenses, lost wages and suffering and pain. Railroad workers also have higher earnings than blue-collar workers and have a much higher cost of living. This means that they can be compensated more for economic damages. It is important to understand that settling a case can take some time. This is due to the fact that FELA cases typically involve a number of different steps that are interspersed, like litigation and discovery. If one of the parties files a appeal, it can also create lengthy delays. During this time, the attorney can gather evidence, such as medical records or documents which highlight the severity of an injury. They can also seek out witnesses who will testify on their behalf. If the person who was injured requires additional financial assistance during this process, they could also look into financing options, such as a legal financing loan prior to settlement. A pre-settlement legal funding company looks at the case along with other factors to determine how much they are able to offer in a loan. This is different from a personal loan which requires a credit check and financial history. Talk to an FELA claim attorney today to learn more about how to start.