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How Long Do FELA Lawsuits Take to Process? FELA lawsuits that have been in existence for more than 100 years, have helped keep railroad workers secure in some of the most dangerous workplaces. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages, and suffering and pain. In contrast to workers' compensation cases, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases usually result in substantial jury verdicts. How long does a FELA lawsuit take? There are a variety of factors that influence how long it takes to settle the FELA claim. For instance whether the case is filed in federal or state court, how long is between an injury and the time the lawsuit is filed and other specific aspects of the case could influence the time it takes to get an agreement. Your attorney can estimate the time required to process your FELA claim to be processed. The speed at which you can collect medical evidence to support your injury claim could determine the length of a FELA lawsuit. This is a significant element in your case since it can allow you to get the maximum amount of compensation possible. In some instances, your claim could be denied if you fail to receive medical evidence within a certain time frame. The last factor that could determine the length of a FELA lawsuit is the speed at which your employer and you reach a fair agreement. In certain cases the lawyer and you could be able to settle your FELA case without going to court. This can be accomplished through alternative dispute resolution techniques like mediation, negotiated agreements, arbitration, or mandatory settlement conferences. Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. However, it is important to know that FELA laws prohibit employers from taking retaliatory action against employees who submit claims. FELA claims also evade limitations on benefits provided by the laws governing workers' compensation, allowing injured railroad workers to receive monetary damages for their pain and suffering. Your attorney must draft a complaint before you can file a FELA suit. This document outlines your claims against your employer. After your attorney file the complaint, the employer will be given the chance to respond and provide any defenses. This can be a long process, as your attorneys must conduct thorough investigations into workplace safety practices and gather evidence in support of your claim. What happens if I don't get an agreement? FELA cases allow injured railroad workers to recover damages for past and future medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly higher than blue-collar employees in other industries so their FELA awards tend to be more substantial. It is not unusual for FELA cases to settle for large sums of money. Contacting an experienced attorney is the first step in filing an FELA suit. An attorney will go over the details of your accident to determine whether you are eligible to file a claim for damages. If you have a valid claim, your lawyer will assist you to file the appropriate paperwork and conduct thorough investigation into your accident and employer's response to your claim. After fela law firm has been completed your lawyer will make a claim for damages to your employer. Your employer will either agree to a settlement or go through the process of a trial. Trials can be costly and lengthy, which is why most FELA cases are settled before going to court. During this period, you and your lawyer will collect medical records and other evidence that show the seriousness of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. In addition, you can decide to pursue legal funding which could provide you with money in accordance with the settlement you are planning to receive. In contrast to personal loans from credit unions and banks pre-settlement legal financing does not require an extensive credit check or review of your financial history. After reviewing your application, a legal funding company can provide you with a quote that highlights the terms and conditions of your loan. If you accept the offer you could be able to receive thousands of dollars before the case is closed. What is the outcome if I don't win my case? Depending on how severe your injury is, you may need to undergo medical treatment for a while before a settlement is reached. While you wait for a resolution your lawyer will collect evidence, including medical records that demonstrate the severity of your injury and testimony from witnesses that can verify your claim. If needed your lawyer can help you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you await an all-inclusive settlement. A lot of FELA cases settle before going to trial, because both sides are often driven to avoid costly and risky court proceedings. However, appeals can cause delays at various points in the case, and often after a decision is made. In these cases you can always contact an attorney representing railroad accidents for further advice. What happens when I lose my case? Railroad workers who are injured typically receive a substantial amount of compensation from their employers, since they are entitled to file claims for medical expenses, lost wages and pain and suffering. In addition, railroad employees have a higher income than blue-collar employees and have an increased cost of living which means they are able to be compensated for more significant economic losses. It's important to realize that a settlement can take a long time. This is due to the fact that FELA cases usually involve multiple different steps that are interspersed, like litigation and discovery. If one of the parties files a appeal, it could cause lengthy delays. During this time, the attorney will be able to collect evidence such as medical records and documents that highlight the severity of injury. They can also look for witnesses to testify on their behalf. If the injured person requires additional financial assistance during this procedure, he or she can also pursue financing options, like a legal funding loan before settlement. A pre-settlement funder will review the case, as well other aspects to determine what they could offer. This differs from a personal loan that requires an examination of credit and a review of financial history. Talk to an FELA claim attorney today to learn more about how to get started.