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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 work environments. FELA settlements or trial awards may provide reimbursement for medical expenses, lost wages, suffering and pain. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic losses, like pain and suffering. This is the reason FELA cases are often recognized with significant jury verdicts. How long will a FELA lawsuit take? Many factors can influence the length of time required to resolve an FELA case. The time it takes to reach a settlement is influenced by a variety of factors depending on whether the case was filed in a federal or state court, the length of time between the date of injury and filing of the lawsuit and other particulars specific to the case. Your attorney can estimate the time it will take to process your FELA claim to be processed. Another aspect that could affect the amount of time the duration of a FELA case is the speed at which you can get medical evidence that supports your injury claim. This can be an important aspect in your case because it will help you receive the maximum amount of compensation. In certain cases when you fail to obtain medical evidence promptly the claim could be barred by a statute of limitations. The final aspect that can affect the length of a FELA case is how quickly you and your employer come to an equitable settlement. In certain cases, you and your lawyer may be able settle your FELA case without having to go to court. This can be accomplished by using alternative dispute resolution methods such as mediation arbitrage, negotiated agreements or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could affect the relationship they have with their employer. It is important to note that FELA prohibits employers from retaliating towards employees who submit a FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' compensation laws and allow railroad workers who are injured to seek compensation for pain and suffering. Your attorney must draft a complaint before you can make a FELA suit. This document outlines the claims you have against your employer. Once your attorney has filed the complaint, the respondent is able to respond to the allegations and provide any defenses they may have. This can be a long procedure as your lawyers need to conduct thorough investigations into workplace safety practices, and gather proof in support of your claims. What is the outcome if I don't receive an agreement? In FELA cases railroad workers who are injured can seek compensation for past, future, and current medical expenses, lost wages and the pain and suffering. Since railroad workers typically earn higher than blue-collar employees in other industries, their FELA payouts tend to be more substantial. Therefore, it is not uncommon for an FELA case to settle for substantial amounts of money. The first step to file the FELA lawsuit is to contact an experienced attorney. An attorney will evaluate the details of your accident and determine if you have a valid claim for damages. If you have a valid case your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the incident and employer's reaction to your claim. Once the investigation is complete, your attorney will submit a request for damages to your employer. Your employer will either agree to a settlement or go through the process of an appeal. Trials can be expensive and lengthy, which is why most FELA cases end up being settled before they reach court. During this period you and your attorney will collect medical records as well as other evidence to show the severity of your injury. Your lawyer will also search for witnesses who are willing to provide testimony on your behalf. In addition, you may decide to pursue legal funding, which can offer you funds in accordance with the settlement you are planning to receive. Unlike personal loans from banks and credit unions, pre-settlement legal financing does not require an extensive credit check or a review of your financial history. A pre-settlement funding company will review your request and offer you a quotation that outlines the terms and conditions of the loan. If you accept the offer you could be able to receive thousands of dollars before your case closes. What happens when I lose my case? You may require medical treatment for a period of time, depending on the degree of your injury. Your lawyer will collect evidence while you wait for a settlement, including medical records that show the extent of your injuries, as well as witness testimony to prove your claim. Your lawyer may be able to assist you get pre-settlement funding to pay for your ongoing treatment and living expenses while you wait for a complete settlement. Many FELA cases settle before going to trial, because both sides are often driven by the desire to avoid costly and risky court proceedings. However, appeals can result in delays at different points in the case, and sometimes even after a verdict is rendered. You can always contact a railroad injury lawyer for more information in these cases. What happens when I lose my case? Railroad employees who are injured receive a substantial settlement from their employers, since they are entitled to claim medical expenses, lost wages as well as discomfort and pain. Railroad workers also earn more than blue-collar workers and have a much higher cost of living. This means they can be compensated more for economic damages. However, it's important to recognize that it can take time to settle. This is due to the fact that FELA cases typically involve a number of different steps that are interspersed, like litigation and discovery. In addition, if one of the parties files an appeal, it can cause lengthy delays in the case. During fela claims will be able to gather evidence like medical records and documents which highlight the severity of injury. They can also seek out witnesses who will testify on their behalf. Additionally, if the injured worker requires financial help during the process, they could look into financing options like an advance settlement legal funding loan. A legal funding company that is pre-settlement examines the case and other aspects to determine how much they can provide in the form of a loan. This differs from a personal loan, which requires a credit check and review of financial history. For more information on how to get started, speak with an experienced FELA claim lawyer today.