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How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous work environments. FELA settlements or trial awards may provide reimbursement for medical expenses, lost wages and pain and suffering.

Unlike workers' comp cases, FELA allows recovery of non-economic damages like suffering and pain. This is the reason FELA cases typically result in large jury verdicts.

How long does a FELA lawsuit take?

There are a myriad of factors that affect the length of time it takes to resolve an FELA claim. For instance, whether the case is filed in a federal or state court, how long is between an injury and when the lawsuit is filed and other specific details of the case could impact the length of time it takes to receive an agreement. Your attorney can provide an estimate of the time it will take to complete your specific FELA claim.

Another factor that may impact the amount of time a FELA case takes is the speed at which you can get medical evidence to support your injury claim. This can be a crucial factor for your case because it can allow you to get the most compensation that you are entitled to. In certain cases your claim may be denied if you fail to get medical proof within a certain time frame.

The final factor that can influence the length of the FELA lawsuit is how quickly your employer and you reach a fair deal. In certain situations your lawyer might be in a position to settle your FELA claim without having to go to trial. This can be achieved by using alternative dispute resolution methods such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers might be worried about whether filing a FELA complaint will negatively impact their relationship to their employer. But, it is important to know that FELA laws prohibit employers from taking retaliatory action against employees who file a claim. Additionally, FELA claims bypass the limits on benefits provided by the laws governing workers' compensation and allow railroad workers who are injured to claim monetary compensation for pain and suffering.

Your attorney must draft a complaint before you can make a FELA suit. This document outlines your claims against your employer. After your lawyer files the complaint, the company is given the opportunity to respond and explain any defenses. This can be a long process, as your attorneys must conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What is the outcome if I don't get a settlement offer?

FELA cases allow injured railroad workers to recover damages for past and future medical expenses, lost wages, and suffering and pain. Railroad workers earn more than blue-collar employees in other industries. Thus, their FELA payouts are more. It is not unusual for FELA cases to settle for large sums of money.

Contacting an experienced attorney is the first step in filing a FELA suit. 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 investigation into the accident and employer's reaction to your claim.

Your lawyer will then submit a claim for damages to your business after the investigation has been completed. Your employer will either agree to a settlement or proceed to an appeal. Trials are costly and time-consuming, which is why most FELA cases are settled before reaching court.

During this period you and your attorney will collect medical records and other evidence to show the severity of your injury. Your lawyer will also search for witnesses who are willing to testify on your behalf. In addition, you may decide to pursue legal financing, 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, pre-settlement legal funding does not require a thorough credit check or review of your financial history. After review of your application, a legal funding company can provide you with a quote that highlights the terms and conditions of your loan. If you agree to the quote you could receive thousands of dollars before your case has closed.

What happens if I lose my case?

Depending on how serious your injury is, you might require medical treatment for a time before a settlement is reached. Your lawyer will gather evidence while you wait for a settlement including medical records that show the extent of your injuries, as well as witness testimony to prove your claim. Your lawyer may be able to assist you obtain pre-settlement funds in order to pay for your ongoing medical treatment and living expenses while you wait for a final settlement.

Many FELA cases settle before going to trial, because both sides are often driven by the desire to avoid costly and risky court actions. However, appeals may cause delays in the case at various stages, and even after the verdict has been handed down. You can always reach out to an attorney who handles railroad accidents for more information in these cases.

What happens if my case gets lost?

Railroad workers who are injured typically receive an extensive settlement from their employers, since they are entitled to file claims for medical expenses, lost wages and suffering. Additionally, railroad workers have a higher income than blue-collar employees, and have an increased cost of living and therefore can be compensated for greater economic damages.

It's important to realize that a settlement can take some time. This is due to the fact that FELA cases typically involve a number of overlapping steps, such as litigation and discovery. If one of the parties files a appeal, it could cause long delays.

During this time attorneys 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 provide testimony on their behalf. If the person who was injured requires additional financial support during this process, they can also pursue financing options, including a legal funding loan before settlement.

A pre-settlement funding company will look at the case, as well other elements to determine what they can provide. This is different from a personal loan which requires a credit check and financial history. Speak to an FELA claim attorney today to learn more on how to begin.