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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous work environments. FELA settlements and trial awards may include compensation for medical expenses, lost wages, and pain and discomfort. Unlike workers' comp cases, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases typically result in substantial verdicts by juries. How long will a FELA case take? There are a myriad of variables that determine how long it takes to resolve the FELA claim. The time it takes to settle a case will depend on a variety of factors depending on whether the case was filed in a federal court or a state court, the length of time between the time of injury and the filing of the lawsuit, and other particulars specific to the particular case. Your lawyer can provide you with an estimate of the time it will take to complete your specific FELA claim. The speed at which you collect medical evidence to support your injury claim may also impact the length of an FELA lawsuit. This could be a crucial factor in your case, because it will help you get the most amount of compensation. In some instances claims, you could be denied if it isn't possible to receive medical evidence within a certain time frame. The last element that can determine the duration of a FELA lawsuit is the speed at which your employer and you can reach a fair agreement. In some cases the lawyer you choose to work with may be in a position to settle your FELA claim without going to trial. This can be done through alternative dispute resolution methods such as mediation, negotiated agreements, arbitration or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. However, it is important to be aware that FELA laws prohibit employers from punishing employees who make claims. In addition, FELA claims bypass the limits on benefits provided by workers' compensation laws and permit railroad workers injured by injuries to seek compensation for pain and suffering. To file a FELA lawsuit the attorney you hire must prepare a complaint. The document will outline the claims you have against your employer. Once your lawyer has filed the complaint, the respondent has the opportunity to respond to the claims and outline any defenses they might have. This can be a long process, since your lawyers must conduct thorough investigations into workplace safety practices and gather evidence to support of your claim. What happens if I do not receive a settlement offer? In FELA cases, injured railroad workers can seek compensation for past, future, and current medical costs, lost wages, suffering and pain. Railroad workers are paid more than blue-collar employees in other industries. Thus, their FELA awards are higher. Therefore, it is not uncommon to see the parties in a FELA case to settle for substantial amounts of money. Contacting an experienced attorney is the first step in filing an FELA suit. An attorney will go over the details of your accident to determine if you can claim damages. If you have a valid claim your lawyer will help you complete the necessary documents and conduct thorough investigations into your accident and the response of your employer. Your attorney will then submit an offer of damages to your business after the investigation is completed. Your employer will then be able to decide to settle the case, or go ahead with an investigation. Trials are costly and time consuming, so most FELA cases are settled before reaching the court. During this period, you and your lawyer will gather medical documents and other evidence to will demonstrate the severity of your injuries. Your lawyer will also look for witnesses who can testify on your behalf. In fela settlements , you may opt to pursue legal funding that can offer you funds in accordance with the settlement you are planning to receive. Legal Funding for Pre-settlement does not require a credit check or review of your previous financial history. A pre-settlement financing company will review your application and provide you with a quote highlighting the terms and conditions of the loan. The decision to accept the quote could result in you receiving a large sum of money prior to the closing of the case. What happens if I don't win my case? Depending on how severe your injury is, you might need to undergo medical treatment for some time before you are able to settle. Your lawyer will gather evidence while you are waiting for a settlement, including medical records that demonstrate the extent of your injuries, as well as testimony from witnesses to support your claim. Your lawyer may be able to assist you get pre-settlement funding to pay for your ongoing medical treatment and living expenses while you wait for a full settlement. Many FELA cases are settled prior to trial due to the fact that both sides wish to avoid costly and risky court actions. However, appeals can result in delays at different stages of the case, and sometimes after a verdict is rendered. In these instances you can always contact a railroad injury attorney for additional guidance. What happens when I lose my case? Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, as they have a right to claim compensation for medical expenses, lost wages and pain and suffering. Railroad workers also earn more than blue-collar workers and have a greater cost of living. This means they are entitled to a higher amount for economic damages. It is important to understand that a settlement may take a long time. This is because FELA lawsuits usually involve multiple interconnected steps like discovery and litigation. In addition, if one of the parties files an appeal, this can create long delays in the case. During this period, the attorney will be able to collect evidence such as medical records and documents which highlight the severity of the injury. They can also search for witnesses to provide testimony on their behalf. Additionally, if the injured worker requires additional financial assistance during this process, they may pursue financing options such as an advance settlement legal funding loan. A pre-settlement funding company will examine the situation, as well as other factors, to determine what they can provide. This differs from personal loans, which requires the use of a credit report and an analysis of financial background. Speak to an FELA claim attorney today to learn more about how to start.