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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 work environments. FELA settlements or trial awards can include the payment of medical expenses, lost wages, and suffering and pain. Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases often 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 settle a FELA claim. For instance whether the case is filed in a federal or state court, how much time is between the time an injury occurs and when the lawsuit is filed, and other specific aspects of the case can influence the time required to reach an agreement. Your lawyer can provide you with an estimate of the time it will take to process your particular FELA claim. Another factor that may impact the length of time the duration of a FELA case takes is the speed in which you can gather medical evidence to support your claim for injury. This can be an important factor in your case, as it can help you get the maximum compensation. In certain cases, your claim could be denied if it isn't possible to receive medical evidence within a specified time. The last factor that could influence the duration of the FELA lawsuit is the speed at which your employer and you reach a fair deal. In some cases the lawyer you choose to work with may be able to settle your FELA claim without having to go to trial. This can be accomplished by using alternative dispute resolution methods like mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim will negatively impact their relationship with their employer. It is important to note that FELA prevents employers from retaliating towards employees who make a FELA claim. FELA claims also bypass limitations on benefits set forth by workers' compensation laws which allows railroad workers injured to receive financial compensation for their suffering and pain. Your attorney must draft a complaint before you can make a FELA suit. This document outlines your claims against your employer. Once your lawyer has filed the complaint, the defendant has the opportunity to respond to the claims and outline any defenses they have. This can be a lengthy process since your lawyers will have to conduct thorough investigation into workplace safety practices and collect evidence to support your claims. What is the outcome if I don't receive a settlement offer? FELA cases allow railroad workers who are injured to claim compensation for medical expenses, lost wages and suffering. Railroad workers are paid more than blue-collar employees in other industries. This means that their FELA awards are higher. Therefore, it is not uncommon to see a FELA case to settle for substantial amounts of money. The first step in submitting a FELA lawsuit is to reach out to an experienced attorney. An attorney will go over the details of your accident to determine whether you are eligible to make a claim for damages. If you have a valid claim the lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the incident and employer's reaction to your claim. Your attorney will file an offer of damages to your business after the investigation is completed. Your employer will then either agree to a settlement, or proceed to a trial. Trials can be costly and time consuming, so most FELA cases are settled before they reach the court. During this time, you and your attorney will gather medical records as well as other evidence to show the severity of your injury. Your lawyer will also look for witnesses who are willing to testify on your behalf. Additionally, you could opt to pursue legal funding, which can offer you funds in accordance with the settlement you are planning to receive. In contrast to personal loans from credit unions and banks legal pre-settlement funding does not require an extensive credit check or analysis of your financial history. After looking over your application, a pre-settlement lawful funding company can provide you with a quote which outlines the conditions and terms of the loan. The decision to accept the quote could result in you receiving thousands of dollars prior to the closing of the case. What happens if I don't succeed in my case? Depending on how fela lawsuits is, you might require medical treatment for a while before a settlement is reached. Your lawyer will collect evidence while you wait for a settlement, including medical records that prove the severity of your injuries as well as testimony from witnesses to support your claim. If necessary, your lawyer may help you get pre-settlement legal aid to cover ongoing treatment and living expenses while you await the final settlement. A lot of FELA cases settle prior to trial, because both sides are often driven to avoid costly and risky court actions. However, appeals can lead to delays at different points in the case, and sometimes after a verdict is rendered. In these cases you can always contact a railroad injury attorney for further advice. What happens If I lose my case? Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, since they are entitled to claim compensation for medical expenses, lost wages, and suffering. Additionally, railroad workers have a higher income than blue-collar workers and have higher costs of living and therefore can be compensated for greater economic damages. It's important to realize that a settlement may take a long time. This is due to the fact that FELA lawsuits usually involve multiple interconnected steps like discovery and litigation. Additionally, if one of the parties file an appeal, it can result in long delays in the case. During this period, the attorney can collect evidence, such as medical records and documents that highlight the severity of the injury. They can also seek out witnesses who will testify in their behalf. If the person who was injured requires additional financial assistance during this process, he or she can also pursue financing options, including a legal financing loan prior to settlement. A pre-settlement legal fund company analyzes the case as well as other aspects to determine how much they are able to offer in a loan. This differs from a personal loan, which requires a credit check and financial history. For more information on how to start, contact an experienced FELA claim lawyer today.