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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 kept railroad workers secure in some of the most hazardous workplaces. FELA settlements and trial awards can include compensation for medical costs as well as lost wages and pain and discomfort. Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases often result in substantial jury verdicts. How long does a FELA lawsuit take? Many factors can influence the length of time required to process an FELA case. 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 length of time between the injury and the filing of the lawsuit and other details specific to the particular case. Your lawyer can estimate the time required to process your FELA claim to be processed. The speed at which you can collect medical evidence to support your claim for injury could affect the duration of the FELA lawsuit. This could be a crucial aspect in your case as it can help you get the most amount of compensation. In some cases, your claim could be denied if it isn't possible to receive medical evidence within a specified time. The final factor that could determine the duration of the FELA case is how quickly you and your employer negotiate a fair settlement. In some instances the lawyer you choose to work with may be capable of settling your FELA claim without going to trial. This can be accomplished through alternative dispute resolution methods like mediation arbitrage, negotiated agreements or mandatory settlement conferences. Some employees may be worried about whether filing a FELA complaint will negatively impact the relationship they have with their employer. However, it is important to be aware that FELA laws prohibit employers from taking retaliatory action against employees who make claims. Additionally, FELA claims bypass the limitations on benefits imposed by the laws governing workers' compensation and permit railroad workers injured by injuries to recover monetary damages for pain and suffering. To file a FELA lawsuit, your attorney must prepare the complaint. This document outlines your claims against your employer. After your lawyer files the complaint, the respondent will have the opportunity to respond and provide any defenses. This can be a long process since your lawyers will have to conduct thorough investigations into workplace safety practices and collect proof in support of your claims. What is the consequence if I don't win a settlement? FELA cases allow injured railroad workers to claim compensation for future and past medical expenses, lost wages and pain and suffering. Since railroad workers generally earn higher than blue-collar employees in other industries and professions, their FELA awards are typically higher. This is why it is not unusual for the parties in a FELA case to settle for large amounts of money. The first step to file an FELA lawsuit is to contact an experienced attorney. An attorney will review the details of your accident to determine whether you are eligible to make a claim for damages. If fela claims have a valid claim, your lawyer will assist you file the appropriate documents and conduct thorough investigations into the incident and the response of your employer. Your attorney will make a claim for damages to your company after the investigation has been completed. Your employer may then agree to a settlement, or pursue a trial. Trials are expensive and time-consuming, which is why most FELA cases are settled before they reach court. During this period you and your attorney will gather medical records and other evidence to demonstrate the severity of your injury. Your lawyer will also search for witnesses that can provide testimony on your behalf. In addition, you may decide to pursue legal financing, which can provide you with money based on your projected settlement. Pre-settlement Legal Funding does not require a credit check or review of your previous financial history. After reviewing your application, a pre-settlement lawful financing company will give you a quotation which outlines the conditions and terms of the loan. If you accept the quote, it could result in you receiving thousands of dollars prior to the closing of the case. What happens if I don't succeed in my case? You may require medical treatment for a specific amount of time, depending on the severity of your injury. Your lawyer will collect evidence as you wait for a settlement, including medical records that show the severity of your injuries and testimony from witnesses to validate your claim. Your lawyer may be able to help you receive pre-settlement financing to pay for your ongoing treatment and living costs while you wait for a complete settlement. A lot of FELA cases settle before going to trial, since both sides are often driven by the desire to avoid costly and risky court actions. However, appeals can cause delays in the case at different stages, and even after the verdict has been delivered. In these instances you are able to seek out a railroad injury attorney for further advice. What happens if I lose my case? Injured railroad workers typically receive a substantial settlement from their employers, as they are entitled to file claims for medical expenses, lost wages and suffering and pain. Railroad workers also earn more than blue-collar employees and have a greater cost of living. This means that they can be compensated more for economic losses. It is important to realize that it could take time to obtain a settlement. This is because FELA lawsuits usually involve multiple interconnected steps like discovery and litigation. If one of the parties files an appeal, it can also result in lengthy delays. During this time, the attorney may gather evidence, including medical records and other documents that highlight the extent of the injury. They can also look for witnesses to be witnesses on their behalf. Additionally, if the injured worker needs additional financial assistance during this process, they can explore financing options, such as a pre-settlement legal funding loan. A legal funding company that is pre-settlement examines the case along with other aspects to determine how much they can provide in a loan. This differs from a personal loan which requires the use of a credit report and an analysis of financial background. For more details on how to begin, talk to a skilled FELA claim lawyer today.