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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages, suffering and pain. Unlike workers' comp cases, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases are typically awarded with large jury verdicts. How long will a FELA case take? Many factors can influence the time it takes to settle a FELA case. For example, whether the case is filed in federal or state court, how much time passes between the time an injury occurs and when the lawsuit is filed, and other specifics of the case could impact the length of time it takes to receive a settlement. Your attorney can provide an estimate of how long it will take to process your particular FELA claim. Another aspect that could affect the time frame a FELA case will be determined by how fast you can obtain medical evidence that supports your claim for injury. This is a significant aspect in your case as it can help you receive the highest amount of compensation possible. In certain cases, if you do not get medical proof promptly the claim could be barred by the statute of limitations. The last factor that can determine the duration of the FELA case is how quickly you and your employer are able to come to a fair settlement. In some 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 such as mediation, negotiated settlements, arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA complaint will negatively impact their relationship to their employer. It is important to know that FELA prevents employers from retaliating towards employees who submit an FELA claim. fela lawsuits claims also bypass limitations on benefits imposed by workers' compensation laws which allow railroad workers who are injured to receive financial compensation for their suffering and pain. Your attorney must draft a complaint prior to when you can make a FELA suit. The document will outline the claims you have against your employer. After your lawyer file the complaint, the employer is given the opportunity to respond and explain any defenses. This could be a lengthy process, as your attorneys will have to conduct thorough investigations into workplace safety practices and gather evidence in support of your claim. What is the outcome if I don't receive a settlement? FELA cases allow injured railroad workers to recover damages for medical expenses, lost wages, and pain and suffering. Railroad workers earn more than blue-collar workers in other industries. This means that their FELA awards are higher. Therefore, it is not unusual for a FELA case to settle for significant amounts of money. Contacting an experienced attorney is the first step to filing a FELA suit. An attorney will review the details of your accident to determine if you can claim damages. If you have a valid claim the lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the accident and your employer's response to your claim. Your attorney will submit a claim for damages to your company after the investigation has been completed. Your employer will then either agree to a settlement, or go through the process of an appeal. Trials are costly and time-consuming, therefore the majority of FELA cases are settled prior to going to court. During this time, you and your attorney will gather medical records and other evidence to demonstrate the severity of your injuries. Your lawyer will also search for witnesses who are willing to be witnesses on your behalf. In addition, you can decide to pursue legal funding, which can offer you funds according to the estimated settlement. In contrast to personal loans from credit unions and banks, pre-settlement legal funding does not require an extensive credit check or a review of your financial history. After reviewing your application, a legal financing company will give you a quotation that outlines the conditions and terms of your loan. If you accept the quote, you can receive thousands of dollars before the case is closed. What happens if I lose my case? You may need to receive medical treatment for a specific amount of time, based on the severity of your injury. Your lawyer will collect evidence while you wait for a settlement, including medical records that show the severity of your injuries and testimony from witnesses to support your claim. If necessary your lawyer can help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses until you receive the final settlement. Many FELA cases settle before going to trial, because both sides are usually driven to avoid costly and risky court action. However, appeals can cause delays in the case at various stages, and sometimes after the verdict has been delivered. You can always contact an attorney for railroad injuries for more details in these cases. 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 wage and discomfort and pain. In addition, railroad workers make more than blue-collar employees and have an increased cost of living which means they are able to be compensated for more substantial economic losses. It's important to realize that settling a case can take some time. This is due to the fact that FELA cases typically involve a number of interconnected steps, including litigation and discovery. Additionally, if one of the parties files an appeal, it can cause long delays in the case. During this time, attorneys can gather evidence such as medical records as well as documents which highlight the severity of the injury. They may also search for witnesses who will testify on their behalf. If the injured worker requires additional financial support during this process, they could also look into financing options, like a legal loan prior to settlement. A pre-settlement funding company will look at the situation, as well as other factors to determine what they are able to offer. This is different from personal loans which requires the use of a credit report and an analysis of financial background. Contact an FELA claim attorney today for more details about how to start.