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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous work environments. FELA settlements and trial awards may include compensation for medical expenses as well as lost wages and pain and discomfort. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages like pain and suffering. This is the reason FELA cases are usually rewarded with substantial jury verdicts. How long will a FELA lawsuit take? Numerous factors can affect the time it takes to resolve the FELA case. The time it takes to settle a case is influenced by a variety of factors depending on whether the case was filed in a federal court or a state court, the amount of time between the injury and the filing of the lawsuit, and other details specific to the case. Your lawyer can provide you with an estimate of how long it will take to settle your particular FELA claim. The speed at which you collect medical evidence to support your injury claim could affect the duration of an FELA lawsuit. This can be a crucial factor for your case because it can help you receive the highest amount of compensation possible. In certain cases your claim may be denied if it isn't possible to receive medical evidence within a specified time. The final factor that could affect the length of the FELA case is the speed at which you and your employer can reach an equitable settlement. In some instances the lawyer and you may be able settle your FELA case without having to go 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 claim could affect their relationship with their employer. It is important to know that FELA prevents employers from retaliating against employees who make an FELA claim. In addition, FELA claims bypass the limits on benefits provided by workers' comp laws and allow railroad workers who are injured to recover monetary damages for pain and suffering. To start a FELA lawsuit your lawyer must draft a complaint. This document details your rights against your employer. After your attorney submits the complaint, the company will have the opportunity to respond and provide any defenses. This could be a lengthy process, since your lawyers will need to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim. What happens if I don't receive a settlement proposal? FELA cases allow railroad workers injured by injuries to recover damages for medical expenses, lost wages, and suffering. Since railroad workers generally earn significantly more than blue-collar workers working in other industries so their FELA awards tend to be more substantial. It is not uncommon to see FELA cases to settle for large amounts of money. A professional attorney is the first step towards filing a FELA suit. An attorney will go over the details of your accident to determine if you are able to claim damages. If you have a valid claim your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the incident and employer's response to your claim. Your attorney will then file a claim for damages to your company after the investigation has been completed. Your employer may then accept a settlement or go ahead with a trial. Trials can be expensive and lengthy, which is why the majority of FELA cases settle before they get to the courtroom. During this time you and your attorney will take medical documents and other evidence to show the seriousness of your injuries. Your lawyer will also look for witnesses who are willing to testify on your behalf. In addition, you can decide to pursue legal financing, which can provide you with money according to the estimated settlement. Pre-settlement Legal Funding does not require an assessment of your credit score or a review of your financial history. A pre-settlement funder will review your request and give you a quote that outlines the terms and conditions of the loan. The decision to accept the quote could result in you receiving thousands of dollars before the case is concluded. What is the outcome if I don't win my case? Depending on how severe your injury is, you may require medical treatment for a while before you are able to settle. 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 validate your claim. Your lawyer may be able to help you receive pre-settlement financing to pay for your ongoing medical treatment and living expenses while you wait for a final settlement. A lot of FELA cases settle prior to trial, because both sides are usually motivated to avoid expensive and risky court action. However, appeals can lead to delays in the case at different stages, and sometimes even after the verdict has been delivered. In these instances you can always contact an attorney representing railroad accidents for further advice. What happens if my case gets lost? Railroad employees who are injured receive a substantial amount from their employers, since they have the right to claim medical expenses, lost wage, and pain and discomfort. In addition, railroad employees make more than blue-collar workers and have a higher cost of living, which means they can be compensated for greater economic damages. It is important to realize that it may take a long 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 file an appeal, it could create long delays in the case. During fela settlements , the attorney can collect evidence, such as medical records and other documents which highlight the extent of the injury. They can also look for witnesses to provide testimony on their behalf. If the injured worker requires additional financial support during this process, they may also seek financing options, including a legal financing loan prior to settlement. A pre-settlement financing company will look at the situation, as well other elements, to determine what they can offer. This is unlike the personal loan, which requires the use of a credit report and an analysis of financial background. Speak to a FELA claim attorney today for more information about how to start.