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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements and trial awards may include compensation for medical costs 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 why FELA cases often result in substantial verdicts by juries. How long will a FELA lawsuit take? Numerous factors can affect the time it takes to settle the FELA case. For example whether the case is filed in a federal or state court, the amount of time that is required between an injury and when the lawsuit is filed, and other specific aspects of the case can affect the length of time it takes to get an agreement. Your attorney can provide an estimate of the time it will take to process your specific FELA claim. Another aspect that could affect the length of time a FELA case will be determined by the speed at which you can get medical evidence that supports your injury claim. This could be a crucial aspect in your case because it will help you receive the maximum amount of amount of compensation. In certain cases in the event that you fail to receive medical evidence promptly the claim could be barred by the statute of limitations. The final aspect that can determine the duration of a FELA case is the speed at which you and your employer can negotiate an acceptable settlement. In fela accident attorney might be capable of settling your FELA claim without going to trial. This can be achieved through alternative dispute resolution options such as mediation, negotiated settlements, arbitration or mandatory settlement conferences. Some workers may be concerned that filing a FELA complaint could negatively impact their relationship to their employer. It is important to note that FELA does not permit employers to retaliate towards employees who submit an FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by the laws governing workers' compensation and allow railroad workers who are injured to seek compensation for pain and suffering. To start a FELA lawsuit, your attorney must prepare a complaint. The complaint outlines the allegations you have against your employer. After your lawyer file the complaint, the company will have the opportunity to respond and explain any defenses. This can be a long process since your lawyers will must conduct thorough investigations into workplace safety practices, and gather proof in support of your assertions. What happens if I do not get a settlement offer? FELA cases allow injured railroad workers to seek compensation for medical expenses, lost wages and pain and suffering. Railroad workers earn more than blue-collar workers in other industries. Thus, their FELA payouts are more. Therefore, it is not unusual to see an FELA case to settle for significant amounts of money. The first step to file an FELA lawsuit is to reach out to an experienced attorney. An attorney will examine 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 to prepare the proper paperwork and conduct thorough investigation into your accident and the response of your employer. After the investigation has been completed your lawyer will make a claim for damages to your employer. Your employer will then either agree to a settlement or go through the process of an appeal. 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 collect medical records and other evidence that will demonstrate the severity of your injuries. Your lawyer will also search for witnesses who can testify on your behalf. In addition, you may opt to pursue legal funding which could provide you with funds based on your projected settlement. Legal Funding Presettlement does not require a credit check or a review of your past financial history. A pre-settlement financing company will examine your application and provide you with a quote that outlines the terms and conditions of the loan. If you accept the quote you could receive thousands of dollars before the case is closed. What happens if I don't win my case? Depending on the severity of your injury is, you might require medical attention for a time before you can settle. While you wait for a resolution your lawyer will gather evidence, including medical records that demonstrate the severity of your injury and testimony from witnesses that can validate your claim. Your lawyer might be able to help you receive pre-settlement financing in order to pay for your ongoing treatment and living costs while you wait for a final settlement. Many FELA cases are settled prior to trial due to the fact that both sides want to avoid costly and risky court proceedings. However, appeals can cause delays at different points in the case, and sometimes even after a decision is made. In these instances you can always contact 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, because they have a right to file claims for medical expenses, lost wages and suffering. Railroad workers also earn more than blue-collar employees and have a higher cost of living. This means they are entitled to more compensation for economic damages. It is important to understand that a settlement can take some time. This is because FELA lawsuits often involve several different steps, including discovery and litigation. Additionally, if one of the parties files an appeal, this can cause lengthy delays in the case. During this time, the attorney may gather evidence, including medical records and documents which highlight the severity of the injury. They can also search for witnesses to testify on their behalf. If the injured worker needs additional financial help during this process, they may pursue financing options such as an advance settlement legal funding loan. A pre-settlement financing company will look at the situation, as other elements to determine what they are able to offer. This is different from a personal loan that requires a credit check and review of financial background. Contact a FELA claim attorney today for more details on how to begin.