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How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped to keep railroad workers safe in some of the most dangerous workplaces. FELA settlements and trial awards may include compensation for medical costs as well as lost wages and pain and discomfort.

Unlike workers' comp cases, FELA allows recovery of non-economic damages, such as suffering and pain. This is why FELA cases typically result in significant jury verdicts.

How long does a FELA case take?

Many factors can influence the length of time required to settle a FELA case. For example whether the case is filed in a federal employers liability act or state court, how long is between an injury and when the lawsuit is filed and other specific aspects of the case can impact the length of time required to reach a settlement. Your attorney can give you an estimate of the time it will take to settle your specific FELA claim.

Another aspect that could affect the amount of time the duration of a FELA case will be determined by how fast you can obtain medical evidence to support your claim for injury. This can be an important factor in your case, as it can help you receive the maximum amount of amount of compensation. In certain cases your claim may be barred if you don't obtain medical evidence within a specific timeframe.

The last factor that can determine the length of the FELA case is the speed at which you and your employer are able to negotiate an acceptable settlement. In some cases the lawyer you choose to work with may be capable of settling your FELA claim without going to trial. This is possible by using alternative dispute resolution methods like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may be concerned about whether filing a FELA complaint will negatively impact the relationship they have with their employer. It is important to note that FELA does not permit employers to retaliate towards employees who submit a FELA claim. FELA claims also evade limitations on benefits provided by workers' compensation laws which allows railroad workers injured to receive financial compensation for their suffering and pain.

To make a FELA lawsuit your lawyer must draft the complaint. This document outlines the claims you have against your employer. After your attorney submits the complaint, the employer will have the opportunity to respond and explain any defenses. This could be a lengthy process, as your attorneys must conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.

What happens if I don't get an agreement?

In FELA cases, injured railroad workers can seek compensation for past, future and current medical expenses, lost wages and pain and suffering. Railroad workers earn more than blue-collar workers from other industries. This means that their FELA payouts are more. Therefore, it is not unusual to see a FELA case to settle for large amounts of money.

The first step in submitting the FELA lawsuit is to reach out to 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 complete the necessary documents and conduct thorough investigations into your accident and employer's response to your claim.

Your attorney will submit a claim for damages to your company after the investigation is completed. Your employer can then agree to a settlement or proceed to an appeal. Trials are expensive and time-consuming, therefore most FELA cases are settled before they reach court.

During this time you and your attorney will collect medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also look for witnesses who can testify in your behalf. In addition, you can decide to pursue legal funding that can provide you with money based on your projected settlement.

Contrary to personal loans offered by credit unions and banks pre-settlement legal funding does not require a lengthy credit check or a review of your financial history. After looking over your application, a pre-settlement legal financing company will offer you a quote that highlights the conditions and terms of the loan. Accepting 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?

You may require medical treatment for a certain amount of time, based on the extent of your injury. While you wait for a resolution, your lawyer will collect evidence, such as medical records that highlight the severity of your injury and evidence from witnesses who can confirm your claim. If needed, your lawyer may help you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses until you receive the final settlement.

Many FELA cases are settled prior to trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays in the case at various stages, and even after the verdict has been delivered. In these cases, you can always seek out an attorney representing railroad accidents for additional guidance.

What happens if my case is lost?

Railroad workers who have been injured usually receive a substantial amount of compensation from their employers, because they have a right to claim compensation for medical expenses, lost wages, and suffering and pain. In addition, railroad workers have a higher income than blue-collar employees, and have a higher cost of living and therefore can be compensated for greater economic losses.

It's important to realize that settling a case can take some time. This is due to the fact that FELA cases often have several different steps that are interspersed, like litigation and discovery. Additionally, if one of the parties files an appeal, this can result in lengthy delays in the case.

During this period, the attorney can collect evidence, such as medical records and documents which highlight the severity of the injury. They can also search for witnesses to testify on their behalf. Additionally, if the injured worker needs additional financial help during this process, they can explore financing options, such as a pre-settlement legal funding loan.

A pre-settlement legal funding company looks at the case as well as other factors to determine the amount they are able to offer in the form of a loan. This differs from personal loans which requires an examination of credit and a review of financial background. Talk to a FELA claim attorney today for more details about how to start.