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How Long Do FELA Lawsuits Take to Process? FELA lawsuits, which have been around for more than 100 years, have contributed to keeping railroad workers safe at some of the most dangerous places of work. FELA settlements and trial awards may include compensation for medical costs, lost wages, and pain and discomfort. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages, such as pain and suffering. This is why FELA cases are usually awarded with large jury verdicts. How long does a FELA case take? Numerous factors can affect the length of time required to process a FELA case. The time required to settle a case will depend on a variety of factors, including whether the case was filed in federal court or state court, the amount of time that passed between the date of injury and filing of the lawsuit and other specifics to the case. Your attorney can provide an estimate of how long it will take to complete your particular FELA claim. The speed at which you can gather medical evidence to support your injury claim may also determine the duration of a FELA lawsuit. This could be a crucial element in your case as it can help you get the most amount of compensation. In certain situations when you fail to get medical proof in a timely manner your claim could be denied due to a statute of limitations. The final aspect that can affect the duration of a FELA case is the speed at which you and your employer reach an acceptable settlement. In some instances the lawyer you choose to work with may be in a position to settle your FELA claim without going to trial. This can be accomplished through alternative dispute resolution techniques such as mediation or negotiated agreements, arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could affect their relationship with their employer. It is nevertheless important to be aware that FELA laws prohibit employers from retaliating against employees who file an FELA claim. In addition, FELA claims bypass the limitations on benefits imposed by workers' comp laws and allow injured railroad workers to seek compensation for pain and suffering. To make a FELA lawsuit your lawyer must draft a complaint. This document outlines the claims you have against your employer. Once your attorney has filed the complaint, the party who is responding is able to respond to the claims and outline any defenses they have. This can be a lengthy process as your attorneys must conduct thorough investigation into workplace safety practices, and gather evidence to support your assertions. What is the outcome if I don't receive a settlement proposal? FELA cases allow railroad workers injured by injuries to recover damages for future and past medical expenses, lost wages and suffering and pain. Since railroad workers generally earn higher than blue-collar employees in other industries so their FELA awards are typically more substantial. It is not uncommon for FELA cases to settle for large amounts of money. A professional attorney is the first step in filing a FELA suit. 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 filing the necessary paperwork and conducting thorough investigations into the accident and employer's reaction to your claim. Your attorney will then make an offer of damages to your company once the investigation has been completed. Your employer will then be able to accept a settlement or pursue the trial. Trials can be expensive and time-consuming, which is why the majority of FELA cases settle before they get to court. During this time the attorney and you will collect medical records and other evidence to show the severity of your injury. Your lawyer will also look for witnesses who are willing to be witnesses on your behalf. You can also opt to pursue legal financing which can offer funds based on the settlement you expect. Pre-settlement Legal Funding does not require a credit check or review of your past financial history. A pre-settlement funding company will review your application and offer you a quotation highlighting the terms and conditions of the loan. Accepting the quote could result in you receiving thousands of dollars before the case is concluded. What happens when railroad injury fela lawyer lose my case? You could require medical treatment for a period of time, depending on the degree of your injury. Your lawyer will collect evidence as you wait for a settlement including medical records that show the extent of your injuries, as well as testimony from witnesses to validate your claim. If necessary, your lawyer may help you get pre-settlement legal aid to cover ongoing treatment and living expenses while you await an all-inclusive settlement. A lot of FELA cases settle before going to trial, since both sides are usually driven by the desire to avoid costly and risky court actions. However, appeals may cause delays in the case at different stages, and even after the verdict has been delivered. In these instances you are able to contact an attorney who handles railroad injuries to get additional advice. What happens when I lose my case? Railroad workers who are injured typically receive a substantial settlement from their employers, as they are entitled to file claims for medical expenses, lost wages, and suffering. In addition, railroad workers earn much more than blue-collar employees, and have higher costs of living, which means they can be compensated for more substantial economic losses. However, it's important to realize that it may take a long time to settle. This is because FELA cases typically involve a number of different steps that are interspersed, like litigation and discovery. Furthermore, if one the parties files an appeal, it can cause long delays in the case. During this time, the attorney can gather evidence such as medical records and documents that show the extent of the injury. They can also seek out witnesses to testify on their behalf. If the injured person requires financial assistance in this process, they can also pursue financing options, including a legal financing loan prior to settlement. A pre-settlement funding company will look at the situation, as well other aspects, to determine what they are able to offer. This differs from the personal loan which requires an examination of credit and a review of financial background. Talk to an FELA claim attorney today for more details on how to begin.