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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous work environments. FELA settlements and trial awards may include compensation for medical costs loss of wages, pain and discomfort. In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases are usually awarded with large jury verdicts. How long will a FELA lawsuit take? There are a variety of factors that influence how long it takes to settle the FELA claim. The time required to reach a settlement can be affected by many factors, including whether the case was filed in federal court or state court, the amount of time that passed between the time of injury and the filing of the lawsuit and other specifics to the particular case. Your attorney can help you estimate the time required to process your FELA claim to be processed. The speed at which you gather medical evidence to back your injury claim could determine the duration of the FELA lawsuit. This could be a critical factor for your case because it can allow you to get the maximum amount of compensation you can get. In some cases when you fail to receive medical evidence promptly, your claim may be denied due to a statute of limitations. The final factor that could influence the duration of the FELA case is how quickly you and your employer are able to negotiate an acceptable settlement. In certain cases the lawyer and you might be able to settle your FELA case without having to go to court. This can be done through alternative dispute resolution techniques like mediation arbitrage, negotiated agreements or mandatory settlement conferences. Some workers may be concerned about whether filing a FELA complaint could negatively impact their relationship to their employer. It is nevertheless important to know that FELA laws prohibit employers from retaliating against employees who make claims. FELA claims also evade limitations on benefits provided by the laws governing workers' compensation which allows railroad workers injured to receive monetary damages for their pain and suffering. Your attorney must draft a complaint before you can start a FELA suit. The complaint outlines the allegations you have against your employer. After your lawyer file the complaint, the employer is given the opportunity to respond and explain any defenses. This can be a long procedure as your lawyers need to conduct thorough investigation into workplace safety practices and gather proof in support of your assertions. What happens if I do not receive a settlement proposal? In FELA cases, injured railroad workers can recover damages for past, future, and current medical costs, lost wages, suffering and pain. Because railroad workers generally earn more than blue-collar workers working in other industries, their FELA awards tend to be higher. It is not unusual for FELA cases to settle for large amounts of money. A professional attorney is the first step towards filing a FELA suit. An attorney will evaluate the circumstances surrounding your accident and determine if you have a valid claim to damages. If you have a valid claim your lawyer will assist you to file the appropriate paperwork and conduct thorough investigation into your accident and the response of your employer. After the investigation has been completed the attorney will then send a claim for damages to your employer. Your employer will then either accept a settlement or proceed to trial. Trials can be expensive and lengthy, which is why most FELA cases settle before they get to the courtroom. During this time, you and your attorney will collect medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also look for witnesses that can be able to testify on your behalf. You can also opt to pursue legal financing which will provide funds contingent on the settlement you're expecting. Legal Funding for Pre-settlement does not require a credit check or review of your past financial history. After reviewing your application, a pre-settlement legal financing company will give you a quotation that outlines the conditions and terms of your loan. If you agree to the quote you could be able to receive thousands of dollars before your case closes. What happens if I lose my case? You may need to receive medical treatment for a period of time, based on the severity of your injury. While you are waiting for a resolution, your lawyer will collect evidence, including medical records that show the severity of your injuries and testimony from witnesses who can verify your claim. If necessary your lawyer can assist you obtain pre-settlement legal funds to cover ongoing treatment and living expenses while you wait for a full settlement. A lot of FELA cases settle prior to trial, since both sides are usually driven to avoid costly and risky court actions. However, appeals can result in delays at different points in the case, and often after a verdict is returned. You can always reach out to a railroad injury lawyer to get more information about these cases. What happens when I lose my case? Injured railroad employees receive a substantial amount from their employers, since they are entitled to claim for medical expenses, lost wages and discomfort and pain. Additionally, railroad workers make more than blue-collar employees and have an increased cost of living and therefore can be compensated for greater economic damages. However, it's important to realize that it could take time to obtain a settlement. This is due to the fact that FELA lawsuits typically involve a number of different steps, including litigation and discovery. If one of the parties files an appeal, it could result in lengthy delays. During this time the attorney will be able to collect evidence, such as medical records or documents that highlight the severity of injury. accidentinjurylawyers.claims can also look for witnesses to testify on their behalf. If the injured worker requires additional financial assistance during this procedure, he or she could also look into financing options, such as a legal funding loan before settlement. A pre-settlement funder will review the situation, as well as other factors to determine what they can offer. This is different from a personal loan which requires a credit check and financial history. Contact an FELA claim attorney today for more details on how to begin.