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How Long Do FELA Lawsuits Take to Process? FELA lawsuits, which have been around for more than 100 years, have kept railroad workers safe at some of the most hazardous workplaces. FELA settlements and trial awards may include compensation for medical expenses loss of wages, discomfort and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as suffering and pain. This is why FELA cases are usually recognized with significant jury verdicts. How long does a FELA case take? Many factors can influence the time it takes to process a FELA case. For instance, whether the case is filed in federal or state court, how much time passes between an injury and when the lawsuit is filed, and other specific details of the case can affect the length of time it takes to get a settlement. Your lawyer can estimate the time required 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 claim for injury. This could be a crucial element in your case as it can help you receive the maximum amount of amount of compensation. In certain situations in the event that you fail to receive medical evidence in a timely manner the claim could be denied due to the statute of limitations. The last element that can determine the duration of the FELA lawsuit is how quickly your employer and you come to a fair settlement. In some instances, your lawyer may be capable of settling your FELA claim without having to go to trial. This is possible through alternative dispute resolution methods like mediation, negotiated agreements, arbitration or mandatory settlement conferences. Some employees may be worried 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 file an FELA claim. In addition, FELA claims bypass the limits on benefits set by workers' compensation laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering. Your attorney must draft a complaint prior to when you can file a FELA suit. This document details your rights against your employer. After your attorney has filed the complaint, the defendant has the opportunity to respond to the allegations and provide any defenses they may have. This can be a long process since your lawyers will need to conduct thorough investigations into workplace safety practices and gather proof in support of your claims. What happens if fela settlements don't get a settlement offer? In FELA cases, injured railroad workers can seek compensation for past, future and current medical costs, lost wages, the pain and suffering. Since railroad workers typically earn higher than blue-collar employees in other industries so their FELA awards are typically higher. This is why it is not unusual to see an FELA case to settle for substantial amounts of money. A professional attorney is the first step towards filing an FELA suit. An attorney will review the details of your accident to determine if you can make a claim for damages. If you have a valid claim your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the accident and employer's response to your claim. Your lawyer will then file an offer of damages to your company once the investigation is completed. Your employer may then decide to settle the case, or go ahead with a trial. Trials can be costly and time-consuming, therefore most FELA cases are settled prior to going to the court. During this period you and your attorney will gather medical records and other evidence that will demonstrate the extent of your injuries. Your lawyer will also search for witnesses who are willing to testify on your behalf. Additionally, you could opt to pursue legal funding, which can provide you with funds according to the estimated settlement. Unlike personal loans from credit unions and banks, pre-settlement legal financing does not require a lengthy credit check or review of your financial history. After reviewing your application, a pre-settlement legal funding company will give you a quotation that outlines the conditions and terms of your loan. The decision to accept the quote could result in you receiving thousands of dollars before the case is concluded. What happens if I don't win my case? You may require medical treatment for a certain amount of time, depending on the severity of your injury. Your lawyer will gather evidence as 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 assist you obtain pre-settlement funds to cover your ongoing medical treatment and living expenses while you wait for a complete 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 action. However, appeals can lead to delays in the case at various stages, and sometimes after the verdict has been delivered. In these situations you can always contact an attorney who handles railroad injuries for further advice. What happens If I lose my case? Injured railroad workers typically receive an extensive settlement from their employers, because they have a right to make claims for medical expenses, lost wages, and pain and suffering. Railroad workers also have higher earnings than blue-collar workers and have a much higher cost of living. This means they are entitled to a higher amount for economic damages. However, it's important to understand that it may take a long time to settle. This is because FELA cases usually involve multiple interconnected steps, including litigation and discovery. Furthermore, if one the parties files an appeal, this can create lengthy delays in the case. During this time, the attorney will be able to gather evidence, such as medical records or documents which highlight the severity of the injury. They can also seek out witnesses who can testify on their behalf. If the injured worker requires financial help during this process, they can pursue financing options such as a pre-settlement legal funding loan. A pre-settlement funder will review the situation, as other elements to determine what they can offer. This is different from personal loans which requires a credit check and review of financial history. For more details on how you can begin, talk to a skilled FELA claim lawyer today.