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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 or trial awards may provide reimbursement for medical expenses, lost wages, and suffering and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases typically result in substantial verdicts by juries. How long does a FELA case take? Many factors can influence the length of time required to resolve an FELA case. For example, whether the case is filed in federal or state court, the amount of time that is required between an injury and when the lawsuit is filed and other specific aspects of the case could impact the length of time required to reach a settlement. Your attorney can help you estimate the time required to process your FELA claim to be processed. Another factor that can affect the length of time the duration of a FELA case is the speed in which you can gather medical evidence that supports your claim for injury. This is a significant aspect in your case as it can help you receive the most compensation you can get. In some instances, your claim could be barred if you don't get medical proof within a specific timeframe. fela lawsuits that could influence the duration of a FELA case is how quickly you and your employer are able to reach a fair settlement. In certain cases, you and your lawyer could be able to settle your FELA case without having to go to court. This can be achieved by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. It is nevertheless crucial to be aware that FELA laws prohibit employers from retaliating against employees who make a claim. FELA claims also bypass limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive monetary damages for their suffering and pain. Your attorney must draft a complaint before you can make a FELA suit. The document will outline the claims you have against your employer. After your lawyer has filed the complaint, the respondent has the option of responding to the allegations and provide any defenses they have. This can be a lengthy process since your lawyers will need to conduct thorough investigation into workplace safety practices, and gather proof in support of your assertions. What is the outcome if I don't receive a settlement proposal? FELA cases allow injured railroad workers to claim compensation for past and future medical expenses, lost wages and pain and suffering. Railroad workers earn more than blue-collar workers in other industries. Therefore, their FELA awards are higher. This is why it is not unusual to see a FELA case to settle for significant amounts of money. The first step in submitting the FELA lawsuit is to contact an experienced attorney. An attorney will go over the details of your accident to determine if you can claim damages. If you have a valid case, your lawyer will assist you in completing the necessary paperwork and conducting thorough investigation into the accident and your employer's reaction to your claim. After the investigation is concluded the attorney will then send a claim for damages to your employer. Your employer will then either agree to a settlement, or go through the process of an appeal. Trials can be expensive and time-consuming, which is the reason most FELA cases settle before they get to the courtroom. During this time you and your lawyer will gather medical records and other evidence that will demonstrate the seriousness of your injuries. Your lawyer will also search for witnesses who can provide testimony on your behalf. In addition, you can decide to pursue legal financing which could offer you funds in accordance with the settlement you are planning to receive. Unlike personal loans from credit unions and banks, pre-settlement legal funding does not require a thorough credit check or analysis of your financial history. A pre-settlement financing company will review your application and offer you a quotation that outlines the terms and conditions of the loan. If you agree to the quote you could receive thousands of dollars before the case is closed. What happens when I lose my case? You could require medical treatment for a period of time, depending on the severity of your injury. While you are waiting for a resolution, your lawyer will collect evidence, including medical records that highlight the severity of your injuries and evidence from witnesses who can verify your claim. If needed your lawyer can assist you obtain pre-settlement legal funds to cover ongoing treatment and living expenses until you receive a full settlement. A lot of FELA cases settle prior to trial, because both sides are often motivated to avoid expensive and risky court proceedings. However, appeals can lead to delays at different points in the case, and sometimes even after a decision is made. You can always reach out to a railroad injury lawyer to get more information about these situations. What happens if my case gets lost? Railroad employees who are injured receive a substantial settlement from their employer, as they are entitled to claim medical expenses, lost wages as well as discomfort and pain. In addition, railroad workers have a higher income than blue-collar workers and have a higher cost of living, which means they can be compensated for greater economic losses. However, it's important to realize that it can take time to settle. This is due to the fact that FELA cases usually involve multiple interconnected steps, including litigation and discovery. Additionally, if one of the parties files an appeal, it could cause long delays in the case. During this time attorneys will be able to gather evidence such as medical records and documents which highlight the severity of an injury. They can also seek out witnesses to provide testimony on their behalf. If the injured worker requires additional financial support during this process, they could also look into financing options, like a legal funding loan before settlement. A pre-settlement legal funding company analyzes the case as well as other factors to determine how much they can provide in a loan. This is different from the personal loan that requires an examination of credit and a review of financial history. Talk to an FELA claim attorney today for more details about how to get started.