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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 in some of the most hazardous places of work. FELA settlements and trial awards may include compensation for medical expenses, lost wages, and pain and discomfort. In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as pain and suffering. This is the reason FELA cases are often awarded with large jury verdicts. How long will a FELA lawsuit take? Many factors can impact the time it takes to settle the FELA case. The length of time to reach a settlement can be affected by many factors depending on whether the case was filed in a federal court or a state court, the length of time that passed between the time of injury and the filing of the lawsuit and other details specific to the case. Your attorney can provide an estimate of the time it will take to settle your particular FELA claim. The speed at which you collect medical evidence to support your claim for injury could determine the length of a FELA lawsuit. This can be an important factor in your case, since it will allow you to get the most compensation. In certain situations in the event that you fail to receive medical evidence promptly the claim could be barred by a statute of limitations. The last element that can determine the length of the FELA lawsuit is how quickly your employer and you can reach a fair deal. In certain situations, your lawyer may be capable of settling your FELA claim without going to trial. This can be accomplished by using alternative dispute resolution methods such as mediation, negotiated settlements, arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. But, it is important to know that FELA laws prohibit employers from punishing employees who file claims. FELA claims also bypass limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive financial compensation for their suffering and pain. Your attorney must draft a complaint prior to when you can file a FELA suit. The document will outline the claims you have against your employer. After your lawyer has filed the complaint, the respondent has the opportunity to respond to the claims and outline any defenses they have. This can be a lengthy process, since your lawyers will need to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What is the outcome if I don't receive a settlement? FELA cases allow injured railroad workers to claim compensation for future and past medical expenses, lost wages and suffering. Because railroad workers generally earn significantly more than blue-collar workers working in other industries and professions, their FELA awards tend to be more substantial. It is not uncommon for FELA cases to settle for large sums of money. The first step to file an FELA lawsuit is to contact an experienced attorney. An attorney will examine the details of your accident to determine if you can claim damages. If you have a valid claim your lawyer will assist you in filing the necessary paperwork and conducting thorough investigation into the accident and employer's reaction to your claim. After the investigation is concluded the attorney will then submit a request for damages to your employer. Your employer can then accept a settlement or pursue a trial. Trials are expensive and time-consuming, therefore the majority of FELA cases are settled prior to going to the court. During this period you and your attorney will collect medical records and other evidence that highlight the seriousness of your injuries. Your lawyer will also search for witnesses who are willing to be witnesses on your behalf. In employers’ liability act fela , you may decide to pursue legal funding which could provide you with funds according to the estimated settlement. Legal Funding Presettlement does not require a credit check or a review of your past financial history. A pre-settlement funding company will examine your application and provide you with 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 closed. What happens if I don't win my case? Depending on the severity of your injury is, you might need to undergo medical treatment for a while before you are able to settle. Your lawyer will collect evidence as you wait for a settlement including medical records that show the severity of your injuries and testimony from witnesses to support your claim. Your lawyer may be able to assist you receive pre-settlement financing to pay for your ongoing treatment and living costs while you wait for a full settlement. A lot of FELA cases are settled before trial because both sides wish to avoid costly and risky court proceedings. However, appeals can lead to delays at various points in the case, and often after a verdict is rendered. You can always reach out to a railroad injury lawyer to get more information about these instances. What happens if I lose my case? Railroad employees who are injured receive a substantial settlement from their employers, since they are entitled to claim for medical expenses, lost wages and pain and discomfort. Railroad workers also earn more than blue-collar workers and have a higher cost of living. This means that they can be compensated more for economic damages. It is important to understand that it can take some time to reach a settlement. This is due to the fact that FELA cases typically involve a number of interconnected steps, including litigation and discovery. If one of the parties files a appeal, it could create lengthy delays. During this period, the attorney will be able to gather evidence, such as medical records or documents which highlight the severity of an injury. They may also search for witnesses who will testify on their behalf. If the injured person requires additional financial support during this process, he or she could also look into financing options, such as a legal funding loan before settlement. A pre-settlement funder will examine the situation, as other elements to determine what they are able to provide. This differs from a personal loan that requires a credit review and financial history. Speak to an FELA claim attorney today for more information about how to start.