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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous workplaces. FELA settlements and trial awards may include compensation for medical expenses loss of wages, discomfort and pain. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic damages, such as pain and suffering. This is why FELA cases typically result in large jury verdicts. How long will a FELA case take? fela lawyer can impact the time it takes to process a FELA case. For example whether the case is filed in a state or federal court, how long is between the time an injury occurs and when the lawsuit is filed, and other specifics of the case can affect the length of time required to reach an agreement. Your attorney can help you estimate the time required to process your FELA claim to be processed. The speed at which you gather medical evidence to back your claim for injury could affect the length of a FELA lawsuit. This could be an important element in your case as it can help you get the maximum compensation. In some cases claims, you could be denied if you fail to get medical proof within a certain time frame. The last factor that could determine the duration of a FELA lawsuit is the speed at which your employer and you reach a fair deal. In some instances the lawyer you choose to work with may be capable of settling your FELA claim without going to trial. This can be achieved by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some workers may fear that filing a FELA claim could affect their relationship with their employer. But, it is crucial to be aware that FELA laws prohibit employers from taking retaliatory action against employees who file claims. FELA claims also bypass the limitations on benefits set forth by the laws governing workers' compensation which allows railroad workers injured to receive monetary damages for their pain and suffering. To file a FELA lawsuit, your attorney must prepare a complaint. This document outlines your claims against your employer. After your lawyer file the complaint, the company will have the opportunity to respond and explain any defenses. This can be a long procedure as your lawyers need to conduct thorough investigation into workplace safety practices and collect proof in support of your assertions. What happens if I do not receive a settlement proposal? In FELA cases railroad workers who are injured can recover damages for past, future and current medical expenses, lost wages and suffering and pain. Since railroad workers generally earn much more than blue-collar workers working in other industries and professions, their FELA awards are typically more substantial. It is not uncommon to see FELA cases to settle for large amounts of money. An experienced attorney should be the first step in filing a FELA suit. An attorney will examine the details of your accident to determine if you are able to make a claim for damages. If you have a valid claim, your lawyer will assist you in completing the necessary paperwork and conducting thorough investigation into the incident and employer's reaction to your claim. Your lawyer will then submit an offer of damages to your business after the investigation is concluded. Your employer can then decide to settle the case, or pursue the trial. Trials are costly and time-consuming, which is why most FELA cases are settled before reaching court. During this period, you and your lawyer will take medical records and other evidence that will demonstrate the extent of your injuries. Your lawyer will also search for witnesses that can testify on your behalf. You could also choose to pursue legal financing, which can provide funds contingent on the settlement you're hoping to receive. Unlike personal loans from credit unions and banks legal pre-settlement funding does not require an extensive credit check or review of your financial history. After reviewing your application, a pre-settlement lawful funding company will give you a quotation which outlines the conditions and terms of the loan. If you agree to the quote you could receive thousands of dollars before your case closes. What happens if I don't succeed in my case? You may need to receive medical treatment for a specific amount of time, based on the extent of your injury. While you wait for a resolution your lawyer will collect evidence, including medical records that highlight the severity of your injury and evidence from witnesses who can verify your claim. Your lawyer might be able to assist you get pre-settlement funding to pay for your ongoing treatment and living expenses while you wait for a complete settlement. A lot of FELA cases settle prior to trial, since both sides are usually motivated to avoid expensive and risky court actions. However, appeals can cause delays in the case at various stages, and sometimes after a verdict has been returned. In these cases you can always reach out to a railroad injury attorney for further advice. What happens when I lose my case? Injured railroad workers typically receive an extensive settlement from their employers, because they are entitled to file claims for medical expenses, lost wages and suffering and pain. In addition, railroad workers have a higher income than blue-collar employees and have an increased cost of living, which means they can be compensated for more substantial economic losses. However, it's important to realize that it can take time to obtain a settlement. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as litigation and discovery. Furthermore, if one the parties files an appeal, it could create long delays in the case. During this time attorneys will be able to gather evidence such as medical records and documents that demonstrate the severity of an injury. They may also search for witnesses who can testify on their behalf. If the person who was injured requires financial assistance in this process, he or she could also look into financing options, like a legal financing loan prior to settlement. A legal funding company that is pre-settlement analyzes the case as well as other aspects to determine how much they can offer in a loan. This is different from the personal loan which requires a credit check and review of financial history. For more details on how to begin, talk to a skilled FELA claim lawyer today.